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· 7/20/2004

Earl Richmond, Jr. v. Marvin L. Polk, Warden, Central Prison, Raleigh, North Carolina

Citations

  • 375 F.3d 309
  • 2004 U.S. App. LEXIS 14948
  • 2004 WL 1616359

How courts have described this case

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

  • recognizing Justice O'Connor's concurrence as the controlling opinion in Simmons
  • the defendant was not entitled to ask whether the jurors could still consider mitigating circumstances if they learned that he had previously been convicted of first-degree murder
  • “[T]he Sentencing Reform Act of 1984 33 abolished parole for federal offenses committed after November 1, 1984[.]”
  • Morgan, 504 U.S. at 729-30, does not require trial court to allow defendant an opportunity to ask prospective jurors if they would still consider mitigating factors and impose a life sentence once informed of his prior conviction for first-degree murder.

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkinson, King, Gregory

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.