jury trial penalty
36977 results for jury trial penalty
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__ U.S. __ (2016), 14-7505, Hurst v. Florida
Under Florida law, the maximum sentence a capital felon may receive based on a conviction alone is life imprisonment. He may be sentenced to death only after an additional sentencing proceeding, Fla. Stat. 775.082(1), with an evidentiary hearing before a jury. The jury renders an “advisory sentence.” Notwithstanding that recommendation, the judge must independently find and weigh aggravating and...
... a jury. § 921.141(1). Next, the jury, by majority ... recommended the death penalty. The court sentenced Hurst to. death, but ... his right to a jury trial, while Florida has not explained. how ...
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438 U.S. 586 (1978), 76-6997, Lockett v. Ohio
...penalty statute provides that once a defendant is found ... petitioner's counsel had already focused the jury's attention on her silence by promising a defense ... . "follow conscientiously" the trial judge's instructions, Boulden v. Holman , 394 ...
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517 U.S. 559 (1996), 94-896, BMW of North America, Inc. v. Gore
...At trial, BMW acknowledged that it followed a nationwide ...Gore's vehicle fell into that category. The jury returned a verdict finding BMW liable for ... but also of the severity of the penalty that a State may impose. Three guideposts, each ...
- W.S. 33-23-115 - Penalty; injunction; civil penalty; jury trial
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551 U.S. 1 (2007), 06-413, Uttecht v. Brown
...2219] Syllabus . A Washington jury sentenced respondent Brown to death, and the ..., 20 L.Ed.2d 776, and its progeny, the state trial court had violated Brown's Sixth and Fourteenth ... in the ability to impose the death penalty under the state-law . . . framework can be ...
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Watch Lenamon’s Closing Argument in Markeith Loyd Trial: Jury Says No to Death Penalty
Terence Lenamon was victorious in his fight against capital punishment for Markeith Loyd (see our earlier posts for details about the case). What was the jury thinking when jurors returned to the courtroom, announcing a decision against the death penalty? Death Penalty Closing Argument by Terence Lenamon (Result: Jury Nixes Death Penalty) Here’s the defense...
- OCGA § 44-13-41 - Selection of property as to which exemption not waived; affidavit as to valuation; jury trial; penalty for harassment of debtor
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Markeith Loyd Death Penalty Trial: Motions Filed Regarding Constitutionality of Jury Selection Under COVID Emergency Orders
Three new motions have been filed in the defense of Markeith Loyd in his death penalty trial by Terence Lenamon. These have all been placed in Terry’s Online Library as a courtesy, as filed of record with the Orange County Clerk’s Office. Also included in the Online Library update is Amendment Six (6) to the...
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Markeith Loyd Death Penalty Trial: Defense Filings Including Opposition to Sequestering the Jury
For those following the ongoing death penalty trial of Markeith Loyd in Florida, the following four court filings by Terence Lenamon, attorney for the defense, have been uploaded into Terry Lenamon’s Online Library as a public service: Death Penalty Trial: Motion Regarding Metal Detectors; read the full text of the motion as filed of...
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Fulgham Trial: Jury Finds Joshua Fulgham Guilty in Quick Deliberation, Terry Lenamon Defends in Penalty Phase of Trial, Example of Florida Statute’s Mitigating Factors In Application
The jury has found Joshua Fulgham guilty of first degree murder (see earlier posts for details of the case). Beginning today, Terry Lenamon and the defense team will be arguing Florida mitigating factors and how their application should prevent Fulgham being sentenced to the death penalty. For details on mitigating factors, see our earlier post...
- A.R.S. § 16-89-108 - Waivers of trial by jury and death penalty
- Conn. Gen. Stat. § 53a-45 - Murder: Penalty; waiver of jury trial; finding of lesser degree
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__ U.S. __ (2017), 15-8049, Buck v. Davis
Buck was convicted of murder; under Texas law, the jury could impose a death sentence only if it found unanimously, beyond a reasonable doubt, that Buck was likely to commit future acts of violence. Buck’s attorney called a psychologist, Dr. Quijano, who had been appointed to evaluate Buck. While concluding that Buck was unlikely to be a future danger, Quijano stated, in his report and testimony,
...Under. [137 S.Ct. 764] state law, the jury was permitted to impose a death sentence. ... 2052, 80 L.Ed.2d 674. Buck's trial counsel knew that Dr. Quijano's report ... point of dispute during the penalty phase was Buck's. future dangerousness. ...
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481 U.S. 412 (1987), 85-1259, Tull v. United States
...§ 1319(b)) and subjects them to a civil penalty not to exceed $10,000 per day (§ 1319(d)). After denying petitioner's timely demand for a jury trial in the Government's suit for relief under ...
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397 U.S. 742 (1970), 270, Brady v. United States
...§ 1201(a), which imposed a maximum penalty of death if the jury's verdict so recommended. ...The trial judge accepted the plea after twice questioning ...
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542 U.S. 296 (2004), 02-1632, Blakely v. Washington
... his federal constitutional right to have a jury determine beyond a reasonable doubt all facts ... violated his Sixth Amendment right to trial by jury. Pp. 2536-2543. . . (a) ... conviction, any fact that increases the penalty for a crime beyond the prescribed statutory ...
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544 U.S. 133 (2005), 03-1039, Brown v. Payton
... In the penalty phase of respondent Payton's trial following his ...The trial judge gave jury instructions that followed verbatim the text of a ...
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476 U.S. 162 (1986), 84-1865, Lockhart v. McCree
... At respondent's Arkansas state court trial for capital felony murder, the judge at voir ... vote for the imposition of the death penalty -- that is, so-called " Witherspoon -excludables" ...Illinois , 391 U.S. 510. The jury convicted respondent, but, at the sentencing ...
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397 U.S. 790 (1970), 268, Parker v. North Carolina
... imposed after petitioner had assured the trial judge that his plea was freely made. Thereafter, ... been systematically excluded from the grand jury that returned the indictment. A State court, ... to escape the possibility of a death penalty on a capital charge by pleading guilty to that ...
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__ U.S. __ (2016), 15-8366, Lynch v. Arizona
Lynch was convicted of first-degree murder, kidnapping, armed robbery, and burglary for a 2001 killing. The state sought the death penalty. Before Lynch’s penalty phase trial began, Arizona successfully moved to prevent his counsel from informing the jury that the only alternative sentence to death was life without the possibility of parole. The jury failed to reach a unanimous verdict. A second...
... alternative to death available to the jury is life. imprisonment without possibility ...The State sought the death penalty. Before. Lynch's penalty phase trial began, ...
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536 U.S. 584 (2002), 01-488, Ring v. Arizona
... At petitioner Ring's Arizona trial for murder and related offenses, the jury ... sentenced to death, the statutory maximum penalty for first-degree murder, unless further findings ...
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__ U.S. __, 16-8255, McCoy v. Louisiana
... admission of guilt, the trial court permitted his counsel,. Larry , to tell the jury, during the trials guilt. phase, McCoy ...At. the penalty phase, English again conceded McCoys guilt, ...
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470 F.3d 792 (9th Cir. 2006), 04-99008, Raley v. Ylst
... assistance of counsel both at the trial and penalty phases and that the jury committed ...
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805 F.3d 940 (10th Cir. 2015), 13-5119, Jackson v. Warrior
Petitioner-Appellant Shelton Jackson appealed the denial of his petition for writ of habeas corpus challenging his conviction and death sentence. In 1997, Jackson was charged with the murder of Monica Decator in Tulsa, Oklahoma and was subsequently convicted and sentenced to death. Jackson raised three issues on appeal: (1) whether the state court’s submission to the jury of an allegedly invalid...
...) whether the state court's submission to the jury of an allegedly invalid sentencing aggravator ... the jury's deliberations during the penalty phase of his trial; (2) whether his defense ...
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458 U.S. 782 (1982), 81-5321, Enmund v. Florida
...jury trial in a Florida court, were convicted of [102 ... first-degree murder upon whom the death penalty could be imposed. It was thus irrelevant to ...