Supreme Court of Delaware· 1/16/2003

Brice v. State

Citations

815 A.2d 314
2003 Del. LEXIS 44
2003 WL 140046

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

finding post-Ring change in Delaware statute making jury’s determination of existence of aggravating factors binding upon trial judge was procedural change
“nothing in Ring suggests that the trial judge may not retain the responsibility of making the ultimate sentencing decision”
upholding Delaware’s hybrid capital sentencing scheme because of the role of the jury in weighing the aggravating and mitigating circumstances
finding Ring does not apply to the weighing phase because weighing \does not increase the maximum punishment\
answering the question of whether Ring requires that a jury must find beyond a reasonable doubt that all aggravating factors found to exist outweigh all mitigating factors found to exist in the negative
upholding the 2002 version of 11 Del. C. § 4209, noting that “[t]he 2002 Statute transformed the jury’s role . . . from one that was advisory under the 1991 version . . . into one that is now determinative as to the existence of any statutory aggravating circumstances.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Veasey, Walsh, Holland, Berger, Steele

Read full opinion on CourtListener

Cited by

53 cases in this archive cite this case; the 20 most cited are listed.

Cites

35 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Brice v. State

35 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

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