Factor - Judgment Search Results

Foster Vs. Love

Court: US Supreme Court

foster v love 522 u s 67 1997 october term 1997 syllabus foster governor of louisiana et al v love...

Almendarez-torres Vs. United States

Court: US Supreme Court

..... the presence of an earlier conviction as a sentencing factor a factor that a sentencing court might use to increase punishment ..... impose death penalty based on his finding of aggravating factor because such factor is not element of offense to be determined by ..... guidelines have recently sought to channel that discretion using sentencing factors which no one here claims that the constitution thereby .....

Abrams Vs. Johnson

Court: US Supreme Court

..... it which was not otherwise constitutionally defective moreover the court recited in detail those factors supporting the plan s slight deviation including georgia s strong historical preference for not ..... limited legislative guidance the court was careful to take into account traditional state districting factors and it remained sensitive to the constitutional requirement of equal protection of the .....

Buchanan Vs. Angelone

Court: US Supreme Court

..... buchanan requested several additional jury instructions he proposed four instructions on particular mitigating factors no significant history of prior criminal activity extreme mental or emotional disturbance ..... concept of mitigation and to instruct the jury on particular statutorily defined mitigating factors this lack of guidance it is argued renders his sentence constitutionally unacceptable .....

Amchem Products, Inc. Vs. Windsor

Court: US Supreme Court

..... only individual members the district court concluded that predominance was satisfied based on two factors class members shared experience of asbestos exposure and their common interest in receiving prompt ..... disabling asbestosis or from mesothelioma each has a different history of cigarette smoking a factor that complicates the causation inquiry the exposure only plaintiffs especially share little in .....

Lambrix Vs. Singletary

Court: US Supreme Court

..... and clemons the holdings of both of which we later aggravating and mitigating factors moreover this procedure has been previously upheld against constitutional challenge grossman v state ..... the aggravating circumstance as properly defined or the court may eliminate consideration of the factor altogether and determine whether any remaining aggravating circumstances are sufficient to warrant the .....

Indian Council for Environ Legal Action and anr. Vs. Union of India (U ...

Court: Karnataka

Reported in: ILR1997KAR2956

..... tannirbavi suratkal and nandikur were considered the tata consultants took into consideration that following factors in evaluating prospective sites in mangalore a availability of adequate land for locating ..... is usually difficult to estimate for human beings the matter is complicated by two factors substantial individual differences in types and quantities of resources consumed and rapid cultural .....

Lee Young Sang and anr. Vs. the Board of Trustees for Port of Calcutta ...

Court: Kolkata

Reported in: (1997)2CALLT359(HC)

..... before judgment were passed 37 we give details above because the factor as to the possible strength of the plaintiffs case and the ..... the departure of the master itself no longer remains a relevant factor in regard to delay of or obstruction in the execution of ..... defendant 76 we find that in the orders appealed from two factors have been considered and these are the likelihood of departure from .....

Nippon Zeon Co. Ltd. Vs. Designated Authority

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1997)(96)ELT126TriDel

..... though giving reasonable adjustments having gone through the confidential papers we are satisfied that these factors have been adverted to and assessed properly gapl reduced its prices not as a ..... rates of customs duty the aspect of injury cannot be considered in isolation from other factors 20 the authority considered the production trend and capacity utilization of gapl production increased from .....

Hudson Vs. United States

Court: US Supreme Court

..... criminal penalty even though kennedy itself emphasized that no one factor should be considered controlling id at 169 second halper assess ..... punishment in so doing the court elevated a single kennedy factor whether the sanction appeared excessive in relation to its nonpunitive ..... status but as we emphasized in kennedy itself no one factor should be considered controlling as they may often point in .....