If a reviewing court finds that a number of mitigating circumstances are not sufficiently substantial to warrant leniency in a criminal case, what is the current state of the law?

MultiRegion, United States of America

The following excerpt is from Richmond v. Lewis, 948 F.2d 1473 (9th Cir. 1992):

In Richmond's case, the trial court found that there were a number of mitigating circumstances. See State v. Richmond, 136 Ariz. 312, 666 P.2d 57, 65 (1983). It was only by comparing them to the aggravating circumstances that the sentencer concluded that they were not sufficiently substantial to warrant leniency. If a reviewing court's analysis reduces the number of valid aggravating circumstances, it reduces the weight and gravity of the aggravating factors that the sentencer may permissibly consider. The reviewing court can no longer rely on an earlier finding that the mitigating circumstances were not sufficiently substantial to call for leniency. A new balancing must be conducted in order to determine whether the mitigating circumstances are sufficiently substantial in relation to the remaining valid aggravating factors.

Other Questions


When will a federal court review a state court's application of an individual statutory aggravating or mitigating circumstance in a particular case? (MultiRegion, United States of America)
Is a factual finding from a state court relevant to the federal court review if the relevant record is unavailable for review? (MultiRegion, United States of America)
Can a federal habeas court review an evidentiary ruling by a state court that invalidates the evidence of a criminal case? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
When reviewing a conclusion by a state court on a mixed issue involving questions both of fact and law, does the court have to give the state court full deference? (MultiRegion, United States of America)
Can a state prisoner obtain federal habeas relief against a state court's finding that the state court was wrong? (MultiRegion, United States of America)
What is the basis for a federal district court's finding that a state court transcript is sufficient basis for the district court to grant a motion requiring an evidentiary hearing? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
What is the effect of a District Court finding that a defendant in a criminal case was not informed of the criminal charges in the indictment and bill of particulars? (MultiRegion, United States of America)
When assessing the evidence presented at trial, does a reviewing court need to conduct a thorough review of the state court record? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.