· 6/30/2023
Davina Valdez v. West Des Moines Community Schools and Desira Johnson
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that it is reversible error for the judge or jury to weigh an invalid aggravating circumstance
- concluding that the standard jury instruction given on the HAC aggravating factor was unconstitutionally vague
- explaining that the Florida jury in an important respect is a cosentencer because the weighing process is divided between the jury and the trial judge
- finding that the HAC jury instruction given in that case was impermissibly vague
- finding reversible error where either judge or jury considered invalid aggravating factor in determining sentence of death
- stating simple charge to jury that murder was “especially wicked, evil, atrocious or cruel” did not satisfy constitutional requirements
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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