· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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