Dissenting opinion in a sentence
[DOC File]To:
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RUCKER, Justice, dissenting. I respectfully dissent because I do not believe a sentence of death is appropriate for a person suffering a severe mental illness. Recently the Supreme Court held that the executions of mentally retarded criminals are “cruel and unusual punishments” prohibited by the Eighth Amendment of the United States ...
[PDF File]Court of Criminal Appeals - Texas Tech Law Review
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The dissenting opinion argued that the State could just have easily alleged a specific incident and disagreed that the defendant had the burden to request the State to do so. Judge Price argued that the State should answer for the consequences resulting in uncertainty regarding whether the sentences should be stacked.
[DOC File]WCAB/3
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Contrary to the dissenting opinion, the fact that this quoted portion of section 4660(d) uses the present tense rather than the past tense does not alter the plain meaning of section 4660(d). Additionally, the language of section 4660(d) must be viewed in light of the entire statutory scheme of which it is a part.
[DOC File]In the
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State, 765 N.E.2d 535, 574 (Ind. 2002) (Sullivan, J., concurring and dissenting) (“[W]hen a jury recommends a sentence of death or life without parole, it has by definition made the predicate determination of death eligibility required by Apprendi.”)).
[DOC File]WCAB/3
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DISSENTING OPINION. We dissent. We agree with the WCJ. ... (Steele) (1999) 19 Cal.4th 1182 [64 Cal.Comp.Cases 1].) In this regard, we note that the first sentence of section 4660(d) clearly expresses the legislative intent to “promote consistency, uniformity, and objectivity” by adopting the revised rating schedule. Section 4660(d) was ...
[DOC File]Case Summary
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Nevertheless, two of the panel members in this case believe that the dissenting opinion in Hall embodies the correct view. The position of the Hall majority essentially is that because a post-conviction relief proceeding is the only way in which a defendant in Indiana may challenge the validity of a guilty plea, such an attack is always ...
[DOC File]DISSENTING OPINION OF
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DISSENTING OPINION OF. JUDGE MONTIEL-ARGÜELLO. 1. I am dissatisfied with some of the assertions, assessments, and arguments made in the Judgment in so far as they concern violations of the American Convention; although, I consider it unnecessary to enter into each one in detail in such a complex case, except when they lead to conclusions ...
[DOC File]www.courts.ca.gov
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In the first paragraph of the dissenting opinion, the second sentence (through and including footnote 1) shall be deleted and replaced with the following sentence: “The court’s decision today will frustrate the Legislature’s intent by providing persons who have violated Penal Code sections 269 (aggravated sexual assault on child), 288 ...
[DOCX File]California Courts - Home
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The sentence is comprised of the low term of two years, doubled under the Three Strikes law (§§ 667, subd. (e)(1), 1170.12, subd. ... J., Dissenting: I respectfully dissent. The majority conclude that the trial court erred in instructing the jury that appellant’s mistaken belief that he was at his cousin’s house had to be “reasonable ...
[DOCX File]Andalecio, JD Santillan| Arellano University School of Law
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Dissenting Opinion: The constitutional guarantee that no person shall be deprived of liberty without due process of law has been intended to protect all inhabitants or residents who may happen to be under the shadows of Philippine flag.
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