United States Reports: Cases Adjudged in the Supreme Court at ... and Rules Announced at ..., Svazek 549United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner Banks & Bros., Law Publishers, 2006 |
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Strana 8
... aggravation instruction ( only enumerated factors could be considered ) and the mitigation one ( listed factors were merely examples ) also made clear that the jury was to take a broad view of mitigating evidence . In concluding ...
... aggravation instruction ( only enumerated factors could be considered ) and the mitigation one ( listed factors were merely examples ) also made clear that the jury was to take a broad view of mitigating evidence . In concluding ...
Strana 10
... aggravating or mitigating . The trial court further instructed the jury to consider " [ a ] ny other circum- stance which extenuates the gravity of the crime even though it is not a legal excuse for the crime . " App . 184 . Under the ...
... aggravating or mitigating . The trial court further instructed the jury to consider " [ a ] ny other circum- stance which extenuates the gravity of the crime even though it is not a legal excuse for the crime . " App . 184 . Under the ...
Strana 14
... aggravating factors . " Id . , at 145– 146. Hence , the state court in Payton could reasonably have concluded that , as in Boyde , there was no reasonable likelihood that the jury understood the instruction to pre- clude consideration ...
... aggravating factors . " Id . , at 145– 146. Hence , the state court in Payton could reasonably have concluded that , as in Boyde , there was no reasonable likelihood that the jury understood the instruction to pre- clude consideration ...
Strana 20
... aggravating and mitigating circum- stances upon which you have been instructed . " If you conclude that the aggravating circumstances outweigh the mitigating circumstances , you shall impose a sentence of death . However , if you ...
... aggravating and mitigating circum- stances upon which you have been instructed . " If you conclude that the aggravating circumstances outweigh the mitigating circumstances , you shall impose a sentence of death . However , if you ...
Strana 23
... aggravating . As Juror Hern surmised ( but sought to clarify ) , the jury it- self must determine the side of the balance on which each listed factor falls . See Cal . Penal Code Ann . § 190.3 ( provid- ing that , " [ i ] n determining ...
... aggravating . As Juror Hern surmised ( but sought to clarify ) , the jury it- self must determine the side of the balance on which each listed factor falls . See Cal . Penal Code Ann . § 190.3 ( provid- ing that , " [ i ] n determining ...
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