Search results
Results from the WOW.Com Content Network
The petition was accepted on appeal to the Sixth Circuit which blocked the State from executing Spisak. The State of Ohio appealed to the Supreme Court. In Hudson v. Spisak (552 U.S. 945, 2007) the Court remanded the case back to the Sixth Circuit and ordered the appeals court to reconsider in light of two recent cases, Schriro v.
The Sixth Amendment guarantees criminal defendants nine different rights, including the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed. Under the impartial jury requirement, jurors must be unbiased, and the jury must consist of a ...
Court of Criminal Appeals of Texas reversed and remanded. The state court upheld a death sentence over the defendant's argument that the jury instructions prevented the full consideration of his mitigation evidence. The court found the instructions, which permitted the jury to consider mitigation only if it nullified two questions regarding the ...
Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. [9] The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true. Put another way, "If you ...
Apprendi v. New Jersey, 530 U.S. 466 (2000), is a landmark United States Supreme Court decision with regard to aggravating factors in crimes. The Court ruled that the Sixth Amendment right to a jury trial, incorporated against the states through the Fourteenth Amendment, prohibited judges from enhancing criminal sentences beyond statutory maxima based on facts other than those decided by the ...
Lester B. Orfield, A Resume of Decisions of the United States Supreme Court on Federal Criminal Procedure, 30 Ky. L.J. 360 (1942). Lester B. Orfield, A Resume of Decisions of the United States Supreme Court on Federal Criminal Procedure, 7 Mo. L. Rev. 263 (1942).
Get AOL Mail for FREE! Manage your email like never before with travel, photo & document views. Personalize your inbox with themes & tabs. You've Got Mail!
On remand, the Sixth Circuit ordered a new sentencing hearing "based on the purported invalidity of an aggravating circumstance found by the jury." [39] In a per curiam opinion, Bell v. Cone, the United States Supreme Court again reversed the Sixth Circuit's decision. [40] The case then returned to the Sixth Circuit for a third time. [41]