Does the absence of written or other specific findings by the jury regarding aggravating factors deprive defendant of his federal due process and Eighth Amendment rights to meaningful appellate review?
California, United States of America
The following excerpt is from People v. Adams, 179 Cal.Rptr.3d 644, 336 P.3d 1223, 60 Cal.4th 541 (Cal. 2014):
"The absence of written or other specific findings by the jury regarding aggravating factors did not deprive defendant of his federal due process and Eighth Amendment rights to meaningful appellate review, violate equal protection of the laws or violate defendant's Sixth Amendment right to trial by jury." ( People v. DeHoyos, supra, 57 Cal.4th at p. 150, 158 Cal.Rptr.3d 797, 303 P.3d 1.)
[60 Cal.4th 581]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the absence of written or other specific findings by the jury regarding aggravating factors deprive defendant of his due process and Eighth Amendment rights to meaningful appellate review? (California, United States of America)
Does the absence of written or other specific findings by the jury regarding aggravating factors deprive defendant of his due process and Eighth Amendment rights to meaningful appellate review? (California, United States of America)
Does a failure of instruction to require a jury to produce written findings by the jury regarding the aggravating factors found and considered in returning a death sentence violate a defendant's constitutional right to meaningful appellate review? (California, United States of America)
Is a defendant entitled to an appellate record adequate to permit meaningful appellate review? (California, United States of America)
Does a process server deprive a named defendant of his constitutional due process rights by failing to serve properly, then signing a false affidavit? (California, United States of America)
Is a defendant in a criminal case entitled to an appellate record adequate to permit meaningful appellate review? (California, United States of America)
Does a failure to require a jury to make written findings during the penalty phase violate a defendant's rights under the Fourteenth Amendment? (California, United States of America)
Is a defendant's claim that the court should have deleted reference to irrelevant mitigating factors from the instructions given to the jury regarding the aggravating and mitigating factors to be considered in determining the appropriate penalty? (California, United States of America)
Does a failure to require a jury to make written findings during the penalty phase violate a defendant's rights under the Fourteenth Amendment? (California, United States of America)
Can a defendant recast his claim for a federal due process violation as a federal violation of his right to associate with others? (California, United States of America)
