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· 10/5/2023

Carver v. Artiles

Citations

  • 2023 NY Slip Op 05034

How courts have described this case

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

  • \[T]he Sixth Amendment does not require that the specific findings authorizing the imposition of the sentence of death be made by the jury.\
  • an aggravator \is not an element of the offense but instead is `a sentencing factor that comes into play only after the defendant has been found guilty.'\
  • the fact that a capital sentencing is like a trial in respects significant to the Double Jeopardy Clause does not mean that it is like a trial in respects significant to the Sixth Amendment’s guarantee of a jury trial
  • \[T]he existence of an aggravating factor here is not an element of the offense but instead is `a sentencing factor that comes into play only after the defendant has been found guilty.'\ (quoting McMillan v. Pennsylvania, 477 U.S. 79, 93, 106 S.Ct. 2411, 91 L.Ed.2d 67 (1986))
  • \[T]he existence of an aggravating factor here is not an element of the offense but instead is `a sentencing factor that comes into play only after the defendant has been found guilty.'\ (quoting McMillan v. Pennsylvania, 477 U.S. 79, 93, 106 S.Ct. 2411, 91 L.Ed.2d 67 (1986))

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.