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Sochor Vs. Florida

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  • US Supreme Court
  • Jun 08, 1992

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72 entries 5 linked 67 unlinked
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  1. Stringer Vs. Black US Supreme Court · Dec 09, 1991
  2. Godfrey Vs. Georgia US Supreme Court · May 19, 1980
  3. Fox Film Corp. Vs. Muller US Supreme Court · Dec 09, 1935
  4. Michigan Vs. Long US Supreme Court · Jul 06, 1983
  5. Maynard Vs. Cartwright US Supreme Court · Jun 06, 1988
  6. U.S. 527 (1992) October Term, 1991 Syllabus Sochor V. Florida
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  7. aggravating factor in reaching the decision to impose a death sentence. See Clemons v. Mississippi
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  8. the invalid aggravating factor or determine that weighing the invalid factor was harmless error. See, e. g., Parker v. Dugger
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  9. clarity that its rejection of the claim was based on an alternative state ground, see, e. g., Michigan v. Long
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  10. has said nothing to persuade the Court that this state ground is either not adequate or not independent, see Herb v. Pitcairn
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  11. held that heinousness is properly found where, as here, the defendant strangled a conscious victim. Under Walton v. Arizona
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  12. here. This Court will not presume that a general verdict rests on a ground that the evidence does not support. Griffin v. United
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  13. one aggravating factor when there are no mitigating circumstances does not necessarily require resentencing. Robinson v. State
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  14. Holton v. State
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  15. James v. State
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  16. Francois v. State
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  17. in comparison with other death cases, we find Sochor's sentence of death proportionate to his crime. E. g., Hitchcock v. State
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  18. aggravating circumstance in reaching the ultimate decision to impose a death sentence. See Clemons v. Mississippi
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  19. Clemons, supra, at 752 (citing Lockett v. Ohio
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  20. U. S. 586 (1978), and Eddings v. Oklahoma
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  21. see Parker v. Dugger
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  22. on the heinousness factor was invalid in that the statutory definition is unconstitutionally vague, see Maynard v. Cartwright
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  23. judge does not render wholly independent judgment, but must accord deference to the jury's recommendation. See Tedder v. State
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  24. Grossman v. State
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  25. at the jury stage taints a death sentence, even if the trial judge's decision is otherwise error free. Cf. Baldwin v. Alabama
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  26. of an issue of federal law if the state court's decision rests on an adequate and independent state ground, see Herb v. Pitcairn
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  27. that the state ground is an alternative holding, see Michigan v. Long
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  28. see also Harris v. Reed
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  29. of the complained-of jury instructions were objected to at trial, and, thus, they are not preserved for appeal. Vaught v. State
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  30. order to preserve an objection, a party must object after the trial judge has instructed the jury. See, e. g., Harris v. State
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  31. Vazquez v. State
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  32. Walker v. State
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  33. limited exception for an advance request for a specific jury instruction that is explicitly denied, see, e. g., State v. Heathcoat
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  34. Buford v. Wainwright
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  35. De Parias v. State
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  36. see 580 So. 2d, at 602-603, is an Olympic stretch, see Harris v. Reed
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  37. See Occhicone v. State
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  38. weighed the heinousness factor himself. To be sure, Sochor acknowledges the rule in Walton v. Arizona
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  39. factor has not been subjected to the limitation of a narrow construction from the State Supreme Court. In State v. Dixon
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  40. we held in Proffitt v. Florida
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  41. entire Dixon statement quoted above, perhaps thinking that Proffitt approved it all. See, e. g., Porter v. State
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  42. Cherry v. State
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  43. Lucas v. State
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  44. has consistently held that heinousness is properly found if the defendant strangled a conscious victim. See Hitchcock v. State
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  45. Tompkins v. State
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  46. Johnson v. State
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  47. Adams v. State
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  48. So. 2d 850, cert. denied, 459 U. S. 882 (1982). Cf. Rhodes v. State
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  49. Herzog v. State
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  50. the conclusion that the trial judge was without sufficient guidance in the case at hand. See generally May nard v. Cartwright
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