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· 12/29/1891

Francais v. Somps

Citations

  • 92 Cal. 503
  • 28 P. 592
  • 1891 Cal. LEXIS 1242

How courts have described this case

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

  • noting that parole ineligibility is a “drastic penalty”
  • rejecting argument that OCGA § 17-10-7 (a) requires a trial court to sentence a convicted felon to life imprisonment without the possibility of parole upon a subsequent murder conviction, and holding that OCGA § 17-10-7 (a
  • in construing a statute, “we must read the statutory text in its most natural and reasonable way, as an ordinary speaker of the English language would”
  • “The decision not to request a jury charge on a lesser included offense in order to pursue an ‘all-or-nothing’ defense is a matter of trial strategy.” (citation and punctuation omitted)
  • “The appellant has the burden of showing a clear or obvious error and further making an affirmative showing that the error probably did affect the outcome below.”
  • it is not patently unreasonable for trial counsel to make a strategic decision to base 13 the defense on the evidence at trial and on the defendant’s consistent account, rather than risk losing credibility with jury

Source: CourtListener parenthetical corpus (CC0).

Judges: Sharpstein

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.