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U.S. v. Kpodi, No. 14-3037 (D.C. Cir.) (824 F.3d 122) (May 31, 2016) (Judge Karen LeCraft Henderson)

Article • October 17, 2016 • from P&J October, 2016

Filed under: Punch And Jurists, Use of a Gun

U.S. v. Kpodi, No. 14-3037 (D.C. Cir.) (824 F.3d 122) (May 31, 2016) (Judge Karen LeCraft Henderson) by Section 3661 of Title 18 of the U.S. Code states: “No limitation shall be placed on the information concerning the background, character, and conduct of a person convicted of an offense which …

U.S. v. Burgum, No. 09-50449 (9th Cir.) (633 F.3d 810) (January 25, 2011) (Judge Raymond C. Fisher)

Article • May 2, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, Inability to Pay Restitution

U.S. v. Burgum, No. 09-50449 (9th Cir.) (633 F.3d 810) (January 25, 2011) (Judge Raymond C. Fisher) by Here a divided panel held that the district court’s reliance on the defendant’s inability to pay restitution as an aggravating sentencing factor in support of its decision to impose an upward departure …

Bearden v. Georgia, No. 81-6633 (U.S. Supreme Court) (461 U.S. 660; 103 S.Ct. 2064) (May 24, 1983) (Justice O'Connor)

Article • April 24, 2011

Filed under: Punch And Jurists, Inability to Pay Restitution

Bearden v. Georgia, No. 81-6633 (U.S. Supreme Court) (461 U.S. 660; 103 S.Ct. 2064) (May 24, 1983) (Justice O'Connor) by In this case the petitioner pled guilty in a Georgia trial court to burglary and theft by receiving stolen property. Pursuant to the Georgia First Offender's Act, the state court …

Kansas v. Marsh, No. 04-1170 (U.S. Supreme Court) (548 U.S. 163; 126 S.Ct. 2516) (June 26, 2006) (Justice Thomas)

Article • June 1, 2006 • from P&J May, 2006

Filed under: Punch And Jurists, Weight of the Evidence

Kansas v. Marsh, No. 04-1170 (U.S. Supreme Court) (548 U.S. 163; 126 S.Ct. 2516) (June 26, 2006) (Justice Thomas) by This death penalty case exemplifies the huge philosophical divide on the Supreme Court over capital punishment. Here, a 5-to-4 majority (consisting of Justices Thomas, Roberts, Scalia, Kennedy and Alito) held …

Brown v. Sanders, No. 04-980 (U.S. Supreme Court) (546 U.S. 212; 126 S.Ct. 884) (January 11, 2006) (Justice Scalia)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Aggravating Factors/Circumstances

Brown v. Sanders, No. 04-980 (U.S. Supreme Court) (546 U.S. 212; 126 S.Ct. 884) (January 11, 2006) (Justice Scalia) by In its latest attempt to clarify its own death penalty jurisprudence, the Supreme Court chose this highly fact-specific and technical case to establish a new and somewhat simplistic rule for …

Bell v. Cone, No. 04-394 (U.S. Supreme Court) (543 U.S. 447; 125 S.Ct. 847) (January 24, 2005) (Per Curiam)

Article • January 1, 2005 • from P&J January, 2005

Filed under: Punch And Jurists, Aggravating Factors/Circumstances

Bell v. Cone, No. 04-394 (U.S. Supreme Court) (543 U.S. 447; 125 S.Ct. 847) (January 24, 2005) (Per Curiam) by Respondent prison inmate was convicted in state court of murders and sentenced to death but asserted that the statutory aggravating sentencing factor for conduct which was especially heinous, atrocious, or …

Godfrey v. Georgia, No. 78-6899 (U.S. Supreme Court) (446 U.S. 420; 100 S.Ct. 1759) (May 19, 1980) (Justice Stewart)

Article • November 24, 2002

Filed under: Punch And Jurists, Aggravating Factors/Circumstances

Godfrey v. Georgia, No. 78-6899 (U.S. Supreme Court) (446 U.S. 420; 100 S.Ct. 1759) (May 19, 1980) (Justice Stewart) by In this case, the Supreme Court addressed the constitutionality of a mental depravity instruction given to a jury in a capital murder case. The petitioner, Robert Franklin Godfrey, was sentenced …

Valerio v. Crawford, No. 98-99033 (9th Cir.) (306 F.3d 742) (September 17, 2002) (Judge William A. Fletcher)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Aggravating Factors/Circumstances

Valerio v. Crawford, No. 98-99033 (9th Cir.) (306 F.3d 742) (September 17, 2002) (Judge William A. Fletcher) by A depravity of mind, aggravating circumstances jury instruction at a capital penalty phase was unconstitutional, and error was not cured under Walton v. Arizona, 497 U.S. 639, a procedure unavailable after a …