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Univ. of San Diego School of Law

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Tuesday, January 18, 2005

Supreme Court To Hear Oral Arguments in Two Criminal Cases Today

Supreme_court_12Rompilla v. Beard, 04-5462, questions presented:  (1) Does Simmons v. South Carolina, 512 U.S. 154 (1994) require a life-without-parole jury instruction where the only alternative to a death sentence under state law is life without the possibility of parole? (2) Has a defendant received unconsitutionally ineffective assistance of counsel at a capital sentencing hearing where counsel does not review the defendant's prior conviction record which would provide mitigating evidence regarding the defendant's traumatic childhood and mental health impairments?  More details here.  Read Talkleft's analysis of the case here.

Johnson v. U.S., 04-05, question presented:  When a federal court bases an enhanced sentence on a vacated state conviction, is the elimination of the state conviction a "fact" supporting a prisoner's 28 U.S.C. sec. 2255 claim requiring reduction of the prisoner's sentence?  Details here.  [Mark Godsey]

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» Supreme Court: Oral Arguments Today from TalkLeft: The Politics of Crime
Via Mark Godsey at Crim Prof Blog: The Supreme Court will hear oral argument today in two cases, including one which will determine whether a death penalty jury must be advised that if it rejects death, the defendant will receive... [Read More]

Tracked on Jan 18, 2005 12:40:13 AM

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