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25 Oct 2008, 10:24 am
Washington, 542 U.S. 296, 303 (2004) [facts affecting sentence must be found by a jury]. [read post]
25 Jul 2005, 11:49 am
Atkins has been convicted of murder and sentenced to death; the issue now is whether Atkins is disabled or not within [read post]
19 Apr 2007, 1:29 pm
New Jersey and subsequent cases have extended the Sixth Amendment right of jury trial to some (but not all) disputed factual questions at sentencing. [read post]
11 Sep 2007, 7:50 am
The jury had been deadlocked 7 to 5 in favor of sentencing Fields to life without possibility of parole. [read post]
20 Nov 2008, 7:57 am
  The only way to accomplish this is to make sure the jury is aware of the sentencing consequences of its verdict. [read post]
25 May 2008, 1:22 am
For those who haven't yet discovered the exciting world of habeas, here is a brief intro: The quintessential example of a claim within the core of habeas is a challenge to the validity of the prisoner‟s conviction or sentence, that is, a claim that the police, the prosecutor, the defense lawyer, the jury, or the court made a constitutional error resulting in an unlawful conviction or sentence [read post]
14 Dec 2022, 4:47 am by SHG
Is it time to restore the right to perform jury service to people with a felony conviction who have completed their sentence? [read post]
3 Jun 2004, 8:34 am
Lazarenko was convicted of 29 charges, which his attorneys said could result in a 5-year prison sentence. [read post]
10 Nov 2005, 12:46 am
[JURIST] A federal grand jury on Wednesday indicted two men on charges that they sought to smuggle three surface-to-air missiles into the US for use abroad. [read post]
22 Jan 2018, 6:03 am by The Swartz Law Firm
George appealed his 259 month sentence imposed after a jury trial resulted in his conviction for conspiracy to engage in drug distribution, Hobbs act robbery, possession of unauthorized access devises, and aggravated identity theft activities. [read post]
12 Feb 2008, 7:06 pm by Sean Hayes
The jury also advised the court to suspend the jail sentence. [read post]
17 Sep 2008, 4:22 pm
"When Acquitted Doesn't Mean Acquitted: Judges Can Sentence Criminals to Longer Prison Terms Even After a Jury Has Acquitted Them. [read post]
17 Jan 2012, 10:00 am by Kathleen MacRae, ACLU of Delaware
Gattis suffered from the time he was a small child was never consider by a jury or the sentencing judge, as it would be if the case were tried today. [read post]
22 Feb 2007, 5:39 am
While we await a jury outcome, perhaps some readers would like to give US District Judge Reggie Walton additional sentencing advice about the possible application of the guidelines' advice and others 3553(a) factors. [read post]
1 Dec 2011, 3:50 am by Gritsforbreakfast
Regular readers will recall Grits has oft lamented the Legislature's unwise choice - abetted by prosecutors and death-penalty abolitionists back in 2005 - to add life-without-parole (LWOP) as a sentencing choice for capital murder but to simultaneously eliminate the option for juries to select life with parole (after 35-40 years, if memory serves).I didn't like it for several reasons, not the least of which is needlessly filling up the prisons with old people that my… [read post]
7 May 2024, 2:47 pm by Michael Lowe
  However, federal law inexplicably allows judges to override a jury verdict of ‘not guilty’ by sentencing defendants based on acquitted conduct. [read post]
22 Dec 2014, 4:41 pm by Evan M. Levow
A first-offense DWI in New Jersey has a maximum jail sentence of 48 hours, while the maximum sentence for a second offense is 90 days. [read post]