Aggravation - Judgments

Jul 06 1983 (FN)

Barclay Vs. Florida

Court: US Supreme Court

Decided on: Jul-06-1983

..... florida s sentencing procedure is constitutionally adequate that the florida rule that statutory aggravating factors must be exclusive affords greater protection than the federal constitution requires ..... trial court did not commit reversible error of constitutional magnitude by considering nonstatutory aggravating factors and that the florida supreme court ha fulfilled its constitutionally mandated .....

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Feb 06 2015 (HC)

Vikas Yadav Vs. State of Up

Court: Delhi

Decided on: Feb-06-2015

..... the supreme court clearly declared that equal weight should be given to both the aggravating and mitigating circumstances and reiterated the principle that the principled approach of sentencing applies ..... the court has primarily dissected the principles into two different compartments one being the aggravating circumstances and the other being the mitigating circumstance to balance the two is the .....

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May 19 1980 (FN)

Godfrey Vs. Georgia

Court: US Supreme Court

Decided on: May-19-1980

..... supreme court of georgia held unconstitutional the portion of the first statutory aggravating circumstances encompassing persons who have a substantial history of serious assaultive criminal ..... ignores the obvious correlation between gruesomeness and depravity of mind between gruesomeness and aggravated battery between gruesomeness and horrible between gruesomeness and vile and between gruesomeness .....

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Feb 06 2015 (HC)

Vishal Yadav Vs. State Govt. of Up

Court: Delhi

Decided on: Feb-06-2015

..... the supreme court clearly declared that equal weight should be given to both the aggravating and mitigating circumstances and reiterated the principle that the principled approach of sentencing applies ..... the court has primarily dissected the principles into two different compartments one being the aggravating circumstances and the other being the mitigating circumstance to balance the two is the .....

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Jun 22 1983 (FN)

Zant Vs. Stephens

Court: US Supreme Court

Decided on: Jun-22-1983

..... that the absence of an instruction that the sentencer must balance statutory aggravating circumstances against mitigating circumstances before imposing the death sentence renders the scheme ..... as has this court in construing essentially identical instructions that any aggravating circumstances including statutory aggravating circumstances should be balanced against any mitigating circumstances in the .....

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Jun 27 1990 (FN)

Walton Vs. Arizona

Court: US Supreme Court

Decided on: Jun-27-1990

..... for individualized determinations and the question remains why the constitution demands that the aggravating standards and mitigating standards be accorded opposite treatment it is impossible to ..... was constitutionally suspect the arizona supreme court made independent determinations as to aggravating and mitigating circumstances but these findings were plainly intended to supplement rather .....

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Mar 28 1990 (FN)

Clemons Vs. Mississippi

Court: US Supreme Court

Decided on: Mar-28-1990

..... either by disregarding entirely the especially heinous factor and weighing only the remaining aggravating circumstance against the mitigating evidence or by including in the balance the especially ..... either by disregarding entirely the especially heinous factor and weighing only the remaining aggravating circumstance against the mitigating evidence or by including in the balance the especially .....

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Feb 25 1992 (FN)

Sawyer Vs. Whitley

Court: US Supreme Court

Decided on: Feb-25-1992

..... the perpetration or attempted perpetration of aggravated kidnapping second degree kidnapping aggravated escape aggravated arson aggravated rape forcible rape aggravated burglary armed robbery first degree robbery ..... objective factors to individualized consideration of a particular defendant consideration of aggravating factors together with mitigating factors in various combinations and methods .....

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May 12 1997 (FN)

Lambrix Vs. Singletary

Court: US Supreme Court

Decided on: May-12-1997

..... jury rendered an advisory verdict recommending death sentences on both counts finding numerous aggravating circumstances in connection with both murders and no mitigating circumstances as to ..... florida employs a three stage sentencing procedure first the jury weighs statutorily specified aggravating circumstances against any mitigating circumstances and renders an advisory sentence of either life .....

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Dec 06 1999 (FN)

Weeks Vs. Angelone

Court: US Supreme Court

Decided on: Dec-06-1999

..... jury found petitioner weeks guilty of capital murder the prosecution sought to prove two aggravating circumstances in the penalty phase and the defense presented 10 witnesses in mitigation during ..... not serve to clarify an ambiguous statement 241 be considered when deciding whether either aggravating circumstance had been proved the instructions did not however explain that mitigating evidence could .....

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