Mitigating - Judgment Search Results

Songer Vs. Wainwright

Court: US Supreme Court

..... s capital sentencing statute was in 1974 reasonably understood to preclude introduction of mitigating evidence unless the evidence fit into certain statutorily defined categories because that ..... decisional law indicates the florida capital sentencing statute operated to preclude consideration of mitigating evidence outside the statutory categories the district court explained this forthrightly a .....

BaldwIn Vs. Alabama

Court: US Supreme Court

..... judge would have to determine that death was an inappropriate punishment not because mitigating circumstances outweighed aggravating circumstances but because the defendant had not been proved guilty ..... charged in the indictment before weighing any 13 11 6 aggravating circumstances against mitigating circumstances ex parte kyzer 399 so 2d 330 ala 1981 generally the definitional aggravating .....

Eutzy Vs. Florida

Court: US Supreme Court

..... t he crucial flaw in appellant s argument is that he mistakes the nature of mitigation mitigating circumstances must in some way ameliorate the enormity of a defendant s guilt for this ..... most prominently counsel argued that petitioner s likely nondangerousness after incarceration should be considered a mitigating factor because petitioner was 43 years old at the time of his conviction under florida .....

Boyd Vs. North Carolina

Court: US Supreme Court

..... self destructive impulses that those traumas may produce but under the constitution the weight of mitigating factors is a judgment for the capital sentencer and neither court nor legislature may usurp ..... beyond the reach of human sympathy but a defendant is legally precluded from offering in mitigation those diverse frailties of humankind an understanding of which might place the barbaric act within .....

Patterson Vs. South Carolina

Court: US Supreme Court

..... penalty phase of a capital murder case is concerned with the existence or nonexistence of mitigating or aggravating circumstances involved in or arising out of the murder not the convicted murderer ..... cases the capital defendants were limited to argue the most vague and general theories of mitigation their chosen theories were completely excluded from the jury s consideration the state supreme court .....

Caldwell Vs. Mississippi

Court: US Supreme Court

..... at least one aggravating circumstance and that the aggravating circumstances found must outweigh the mitigating circumstances page 472 u s 345 counsel then presented closing arguments pursuant to ..... which hold that capital sentencing juries must be allowed to consider all forms of mitigating evidence so as to facilitate individualized and rational determinations of the appropriateness of capital .....

Francis Vs. Franklin

Court: US Supreme Court

..... deliberate intention to kill a human being without justification or mitigation or excuse app 10a the statement criminal intention may not ..... deliberate intention to kill a human being without justification or mitigation or excuse which intention must exist at the time of ..... includes 1 deliberate intent to kill 2 without justification or mitigation or excuse again the jury was explicitly charged that it .....

Mohinder Kumar and ors. Vs. State of Haryana and anr.

Court: Supreme Court of India

Reported in: AIR1986SC244; 1985(2)SCALE795; (1985)4SCC221; [1986]1SCR74; [1985]Supp2SCR859; 1985(17)LC978(SC)

..... that in effecting an improvement of the situation and for mitigating the hardship of the tenanted class caused mainly due to ..... encouraging the construction of new buildings for the purpose of mitigating the hardship of tenants must be considered to be a ..... legitimate hope that construction of new buildings will ultimately result in mitigation of the hardship of the tenants such incentive has a .....

Shree Baidyanath Ayurved Bhawan Vs. Collector of Central Excise and

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1985)(22)ELT844TriDel

..... includes all medicines intended for internal or external use for or in the diagnosis treatment mitigation or prevention of disease in human beings mentioned in and processed and manufactured exclusively ..... all medicines intended for internal or external use for or in the diagnosis treatment mitigation or prevention of disease in human beings mentioned in and processed and manufactured exclusively .....

Teague Vs. Tennessee

Court: US Supreme Court

..... sentencing stage of a capital proceeding tennessee requires a capital defendant to prove that any mitigating circum page 473 u s 911 912 stances he has established outweigh any aggravating ..... sentencing proceeding because the statute is likely to mislead sentencing juries into believing that only mitigating factors they can label and weigh against aggravating ones can properly be considered i would .....