Factor - Judgment Search Results

Apprendi Vs. New Jersey

Court: US Supreme Court

..... transforming jury determined facts that constitute elements of a crime into judgedetermined sentencing factors thereby removing procedural protections that the constitution would otherwise require see ante at ..... provide a degree of increased procedural protection in respect to those particular sentencing factors currently embodied in statutes i nonetheless believe that any such increased protection .....

Mitchell Vs. Helms

Court: US Supreme Court

..... is particularly troubling because first its treatment of neutrality comes close to assigning that factor singular importance in the future adjudication of establishment clause challenges to school aid ..... and was distributed on the basis of wholly neutral criteria our consideration of additional factors demonstrates that the plurality s rule does not accurately describe our recent establishment .....

Castillo Vs. United States

Court: US Supreme Court

..... that statutory words such as machine gun create sentencing factors i e factors that enhance a sentence not elements of a separate ..... crime the statute s language structure context history and other factors helpful in determining its objectives lead to this conclusion ..... interpreting 924 c as setting forth elements rather than sentencing factors finally the length and severity of an added mandatory .....

Dina Bawri Vs. State of Assam

Court: Guwahati

..... plea against death penalty moreover however much judicially screened and constitutionally legitimated there is a factor of fallibility a pall that falls beyond recall and a crore of sublimated cruelty implied ..... special reasons can legitimately be said to exit 204 dr chitaley has suggested these mitigating factors mitigating circumstances in the exercise of its discretion in the above cases the court .....

Dina Bawri Vs. State of Assam

Court: Guwahati

..... plea against death penalty moreover however much judicially screened and constitutionally legitimated there is a factor of fallibility a pall that falls beyond recall and a crore of sublimated cruelty implied ..... special reasons can legitimately be said to exit 204 dr chitaley has suggested these mitigating factors mitigating circumstances in the exercise of its discretion in the above cases the court .....

Lopez Vs. Davis

Court: US Supreme Court

..... individualized consideration of the second salient question involves consideration of many of the same personalized factors that go into determining whether a prisoner s course of drug treatment has been ..... successful to the extent that answering the second question requires consideration of additional factors with a concomitant administrative burden the costs of such a scheme are in congress .....

Vasantha R. Vs. Union of India (Uoi) and ors.

Court: Chennai

Reported in: (2001)IILLJ843Mad

..... entire provisions of the factories act there is no other additional factor to treat the female workers differently and deny them employment during ..... be denied on the sole ground of sex when no other factor arises 101 one of the contentions or objections advanced by the ..... enactments it would amount to exposing the female workers to unforseen factors at times in some factories from which they may require .....

Erie Vs. Pap's A.andnbsp;M.

Court: US Supreme Court

..... nude dancing the ordinance prohibiting public nudity is therefore valid if it satisfies the four factor test from o brien for evaluating restrictions on symbolic speech iv applying that standard ..... protect public health and safety are clearly within the city s police powers the second factor is whether the regulation furthers an important or substantial government interest the asserted interests of .....

Troxel Vs. Granville

Court: US Supreme Court

..... assented to visitation even before the filing of the petition or subsequent court intervention these factors when considered with the superior court s slender findings show that this case involves ..... the superior court s reasons for awarding visitation to the troxels the combination of these factors demonstrates that the visitation order in this case was an unconstitutional infringement on granville .....

Vandana Rolling Mills Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2001)(130)ELT321TriDel

..... 97 financial year s production was based on the higher d factor i e 225 mm and therefore production was higher since ..... during the current year the d factor was reduced to 203 mm therefore financial year 1996 97 actual ..... financial year 1996 97 however we find that there are various factors and parameters for computing the annual production capacity in the instant .....