Search for: "Cain v. State" Results 161 - 180 of 386
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29 Mar 2015, 7:59 pm by Steven D. Schwinn
Cain, the case testing how state courts must consider evidence of mental retardation in death penalty sentencing proceedings. [read post]
29 Mar 2015, 6:22 am by Timothy P. Flynn
The issue to be considered by the SCOTUS tomorrow morning in Brumfield v Cain is whether the 8th Amendment requires yet another separate hearing to solely consider evidence of the asserted mental disability.If such an evidentiary hearing is required, it would be a trial, within a trial, within a trial. [read post]
28 Mar 2015, 7:13 pm by CrimProf BlogEditor
Cain: (1) Whether a state court that considers the evidence presented at a petitioner’s penalty phase proceeding as determinative of the petitioner’s claim of mental retardation under... [read post]
2 Feb 2015, 2:35 pm by Kent Scheidegger
Louisiana, No. 14-6381, was moot because a settlement had been reached back in the state court.Apparently no one has told the Supreme Court that yet, and they have set the argument for March 30.Brumfield v. [read post]
15 Jan 2015, 9:57 am by Maureen Johnston
Cain 14-567Issue: (1) Whether, when evaluating if a state court’s decision is based upon an unreasonable determination of the facts in light of the evidence before the state court under 28 § U.S.C. 2254(d)(2), the clear and convincing standard of Section 2254(e)(1) governs the determination of unreasonableness; (2) whether the state court decision, finding no deficient performance, constituted an unreasonable application of Strickland v. [read post]
18 Dec 2014, 7:08 am by John Elwood
United States, 14-282, is yet another gift from the St. [read post]
11 Dec 2014, 2:00 pm by John Elwood
Cain, 13-1433, a case that we were sure would result in a dissent from denial of cert. or somesuch. [read post]
8 Dec 2014, 3:41 am by Amy Howe
Texas Division, Son of Confederate Veterans, involving a state’s power to create a specialty license plate program which controls the messages that may be displayed; Brumfield v. [read post]
5 Dec 2014, 11:21 am by Lyle Denniston
Cain, the issue of Kevan Brumfield’s mental state was decided as an issue at the penalty phase of his murder trial, rather than at a separate inquiry. [read post]
4 Dec 2014, 11:05 am by John Elwood
Cain 13-1433Issue: (1) Whether a state court that considers the evidence presented at a petitioner’s penalty phase proceeding as determinative of the petitioner’s claim of mental retardation under Atkins v. [read post]
3 Dec 2014, 7:23 am by Maureen Johnston
Cain 13-1433Issue: (1) Whether a state court that considers the evidence presented at a petitioner’s penalty phase proceeding as determinative of the petitioner’s claim of mental retardation under Atkins v. [read post]
20 Nov 2014, 5:00 am by Maureen Johnston
Cain 13-1433Issue: (1) Whether a state court that considers the evidence presented at a petitioner’s penalty phase proceeding as determinative of the petitioner’s claim of mental retardation under Atkins v. [read post]
19 Nov 2014, 12:58 pm by John Elwood
Cain 13-1433Issue: (1) Whether a state court that considers the evidence presented at a petitioner’s penalty phase proceeding as determinative of the petitioner’s claim of mental retardation under Atkins v. [read post]
14 Nov 2014, 5:42 am by John Elwood
Farina, 13-1227, a state-on-top habeas case involving how much leeway a federal court is allowed in determining that a state court made an unreasonable factual determination; and Whitman v. [read post]
11 Nov 2014, 9:15 am by Maureen Johnston
Cain 13-1433Issue: (1) Whether a state court that considers the evidence presented at a petitioner’s penalty phase proceeding as determinative of the petitioner’s claim of mental retardation under Atkins v. [read post]
6 Nov 2014, 10:59 am by John Elwood
Cain, 13-1433, gets its third relist since arrival of the record. [read post]