jury trial penalty

... a jury. § 921.141(1). Next, the jury, by majority vote,. renders ... recommended the death penalty. The court sentenced Hurst to. death, but he was granted a ... his right to a jury trial, while Florida has not explained. how Hurst's alleged ...

...§ 1319(b)) and subjects them to a civil penalty not to exceed $10,000 per day (§ 1319(d)). After denying ner's timely demand for a jury trial in the Government's suit for relief under §§ 1319(b) and ...

..., petitioner was again found guilty and sentenced by the jury to a greater term than had been imposed by the first jury. After ... to the Georgia Supreme Court, claiming primarily that the trial judge had given an erroneous jury instruction as to the. . ... first prerequisite for the imposition of a retaliatory penalty is knowledge of the prior sentence. It has been conceded in this ...

... crime statute, which provides for an enhanced sentence if a trial judge finds, by a preponderance of the evidence, that the ... Process Clause requires that a bias finding be proved to a jury" beyond a reasonable doubt. The State Supreme Court affirmed. .  \xC2"... Constitution requires that any fact that increases the penalty for a crime beyond the prescribed statutory maximum, other than ...

... convicted of capital murder and related crimes by a Virginia jury and sentenced to death. Affirming, the Virginia Supreme Court ... between right and wrong and are competent to stand trial, but, by definition, they have diminished capacities to ...In light of these deficiencies, the Court's death penalty jurisprudence provides two reasons to agree with the legislative ...

...        Petitioner and a codefendant, at a jury trial in a Florida court, were convicted of [102 S.Ct. 3369] ... a principal in first-degree murder upon whom the death penalty could be imposed. It was thus irrelevant to petitioner's ...

...         [135 S.Ct. 2191] [192 L.Ed.2d 326] During jury selection in respondent Ayala's murder trial, Ayala, who is ... habeas relief that the Antiterrorism and Effective Death Penalty Act of 1996 plainly sets out. There is no dispute that the ...

...At trial, BMW acknowledged that it followed a nationwide policy of not ...Gore's vehicle fell into that category. The jury returned a verdict finding BMW liable for compensatory damages of ... subject him to punishment but also of the severity of the penalty that a State may impose. Three guideposts, each of which ...

... Supreme Court undertook to determine whether the penalty imposed . . on Harris is proportionate to sentences imposed for ... vesting unguided sentencing discretion in juries and trial judges, had become unconstitutionally cruel and unusual ... their capital sentencing statutes in an effort to limit jury discretion and avoid arbitrary and inconsistent results.  All of ...

...During the penalty phase, the jury found the aggravating factors that the murder was ... relief, claiming ineffective assistance by his trial counsel in failing to present significant mitigating evidence ...

... At petitioner Schiro's state court trial on three counts of murder—including, in Count I, the charge that ..., in Count II, that he killed her while committing rape—the jury returned a verdict of guilty on Count II, but left the remaining ...App. 3-5. The State sought the death penalty for Counts II and III.         At trial, Schiro did not ...

... court and, if dissatisfied with the outcome, may have a trial de novo in a court of general criminal jurisdiction, but must ... does not violate the Due Process Clause, as it imposes no penalty on those who seek a trial de novo after having been convicted ...By the same token, neither the judge nor jury that determines guilt or fixes a penalty in the trial de novo ...

...They also made a jury demand for all issues triable by a jury. After McLean filed for ... the jury demand on the ground that no right to a jury trial exists in a duty of fair representation suit. The District Court ... suit by the Government for injunctive relief and a civil penalty, both an equitable public nuisance action and a legal action in ...

... alternative to death available to the jury is life. imprisonment without possibility of parole," the ... Panzarella. The State sought the death penalty. Before. Lynch's penalty phase trial began, Arizona moved ...

...         Syllabus. A jury found petitioner Johnson guilty of capital murder for a crime he ... the Texas capital sentencing statute then in effect, the trial court instructed the jury during the trial's penalty phase to ...

...§ 1201(a), which imposed a maximum penalty of death if the jury's verdict so recommended. Upon learning that ...The trial judge accepted the plea after twice questioning petitioner (who ...

...In. convicting Alleyne, the jury form indicated that he had. "[u]sed or carried a firearm ... would violate his Sixth Amendment right to a jury trial. The. District Court overruled his objection, relying on ... Because mandatory minimum sentences increase the penalty for. a crime, any fact that increases the mandatory minimum ...

...That sentence was imposed after petitioner had assured the trial judge that his plea was freely made. Thereafter, petitioner ... Negroes had been systematically excluded from the grand jury that returned the indictment. A State court, after hearing, ... allowed a defendant to escape the possibility of a death penalty on a capital charge by pleading guilty to that charge. The court ...

... on appeal: (1) whether the state court's submission to the jury of an allegedly invalid sentencing aggravator unconstitutionally skewed the jury's deliberations during the penalty phase of his trial; (2) whether his defense lawyers provided ...

...The Eighth Amendment does not prohibit the death penalty as disproportionate in. . the case of a defendant whose ... a capital sentencing proceeding, to be conducted without a jury, to determine whether the crime was sufficiently aggravated to ...284-285. The trial judge also specifically found, id. at 285, that each "could ...

... deprived him of his federal constitutional right to have a jury determine beyond a reasonable doubt all facts legally essential ... a jury, the sentence violated his Sixth Amendment right to trial by jury. Pp. 2536-2543. . .        (a) This case ... fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be ...