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· 9/15/2023

Michael J. Durkee v. Everett Frazier, Commissioner, West Virginia Division of Motor Vehicles

How courts have described this case

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

  • holding that the State’s mandatory death penalty statute violated the Eighth and Fourteenth Amendments
  • holding that the State's mandatory death penalty statute violated the Eighth and Fourteenth Amendments
  • recognizing that the “penalty of death is qualitatively different from a sentence of imprisonment, however long”
  • holding that Eighth Amendment requires “the particularized consideration of relevant aspects of the character and record of each convicted defendant before the imposition upon him of a sentence of death”
  • holding that Eighth Amendment requires \the particularized consideration of relevant aspects of the character and record of each convicted defendant before the imposition upon him of a sentence of death\
  • holding that a statute that mandates a death sentence violates the Eighth Amendment

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.