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Hopkins Vs. Reeves
Cites for this judgment
- US Supreme Court
- Feb 23, 1998
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U.S. 88 (1998) October Term, 1997 Syllabus Hopkins, Warden V. ReevesSearch
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inter alia, that the trial court's failure to give the requested instructions was unconstitutional under Beck v. AlabamaSearch
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one crime, had not attempted to prove and indeed had ignored during trial. Pp. 98-99. (c) The requirement of Tison v. ArizonaSearch
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U. S. 137 , and Enmund v. FloridaSearch
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trial, so long as the requirement is satisfied at some point thereafter, such as at sentencing or on appeal. Cabana v. BullockSearch
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JUSTICE THOMAS delivered the opinion of the Court. In Beck v. AlabamaSearch
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to kill is conclusively presumed if the State proves intent to 92 commit the underlying felony. State v. ReevesSearch
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to death on both convictions. After the Nebraska Supreme Court affirmed his convictions and sentences, State v. ReevesSearch
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N. W. 2d 433, cert. denied, 469 U. S. 1028 (1984), respondent unsuccessfully pursued state collateral relief, State v. ReevesSearch
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This Court then vacated the Nebraska Supreme Court's judgment for further consideration in light of Clemons v. MississippiSearch
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because respondent's death sentence had been based in part on an invalid aggravating factor. See Reeves v. NebraskaSearch
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reweighed the applicable aggravating and mitigating factors, and reaffirmed respondent's sentences. State v. ReevesSearch
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that felony murder in Nebraska does not require a culpable mental state with respect to the killing, because in Enmund v. Flor-Search
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ida, 458 U. S. 782 (1982), and Tison v. ArizonaSearch
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the decision below conflicted with a prior decision of the Court of Appeals for the Ninth Circuit, see Greenawalt v. RickettsSearch
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under Teague v. LaneSearch
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for the first time in its petition for a writ of certiorari, we choose to decide the case on the merits. Cf. Godinez v. MoranSearch
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cases, that second-degree murder and manslaughter are not lesser included offenses of felony murder. See, e. g., State v. PriceSearch
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State v. MastersSearch
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State v. RuyleSearch
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State v. McDonaldSearch
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Thompson v. StateSearch
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Alabama's scheme from the practices in the rest of the States. See 447 U. S., at 636, n. 12 (citing State v. HegwoodSearch
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Morgan v. StateSearch
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is convicted only of second-degree murder or manslaughter, that conviction must be reversed on appeal. See Thompson v. StateSearch
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conviction for a capital offense and acquittal. Brief for United States as Amicus Curiae 20 (citing California v. RamosSearch
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included offense of a particular crime, the States have adopted a variety of approaches. See, e. g., State v. BerlinSearch
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Peo ple v. BeachSearch
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State v. CurtisSearch
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Cf. Schmuck v. UnitedSearch
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it currently employs the former. See State v. WilliamsSearch
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Neb. 959, 963965, 503 N. W. 2d 561, 564-565 (1993) (readopting statutory elements test), overruling State v. GarzaSearch
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Neb. 202, 207-208, 459 N. W. 2d 739, 743 (1990) (reaffirming cognate evidence test), disapproving State v. LovelaceSearch
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F. 3d, at 982 (quoting Spaziano v. FloridaSearch
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told that if it convicted the defendant of the charged offense, it was required to impose the death penalty. See Beck v. AlabamaSearch
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supra, at 455. The Court of Appeals also erroneously relied upon our decisions in Tison v. ArizonaSearch
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U. S. 137 (1987), and Enmund v. FloridaSearch
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their definitions of felony murder to include a mens rea requirement with respect to the killing.8 In Cabana v. BullockSearch
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As the Court ruled in State v. EllisSearch
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death penalty on respondent for the offense of felony murder. As a matter of federal constitutional law, under Enmund v. FloridaSearch
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U. S. 782 (1982), it could not do so without proving that re- 1 See, e. g., State v. PriceSearch
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Neb. 625,636-637,240 N. W. 2d 8, 15 (1976). 102 spondent intended to kill his victim, or under Tison v. AriSearch
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included offense of felony murder does not, therefore, apply to this case.2 To be faithful to the teaching of Beck v. AlabamaSearch
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and therefore barred a second prosecution under that section for either felony murder or premeditated murder. Nebraska v. WhiteSearch
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Syllabus Hopkins, Warden V. ReevesSearch
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Beck v. AlabamaSearch
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of Tison v. ArizonaSearch
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and Enmund v. FloridaSearch
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