What is the impact of a death sentence on a defendant's right to appeal against his sentence?

California, United States of America

The following excerpt is from People v. Sánchez, 204 Cal.Rptr.3d 682, 375 P.3d 812, 63 Cal.4th 411 (Cal. 2016):

¹¹ We do provide intracase proportionality review on request. (People v. Rountree, supra, 56 Cal.4th at p. 860, 157 Cal.Rptr.3d 1, 301 P.3d 150.) Defendant does not request it, but, even if he did, such review would not aid him. Given the extraordinarily callous and brutal nature of the crimes, defendant's death sentence is neither disproportionate to his individual culpability nor shocking to the conscience. (Ibid. )

¹¹ We do provide intracase proportionality review on request. (People v. Rountree, supra, 56 Cal.4th at p. 860, 157 Cal.Rptr.3d 1, 301 P.3d 150.) Defendant does not request it, but, even if he did, such review would not aid him. Given the extraordinarily callous and brutal nature of the crimes, defendant's death sentence is neither disproportionate to his individual culpability nor shocking to the conscience. (Ibid. )

"The most advanced legal research software ever built."

Try it today free of charge!

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

What is the impact of a death sentence on a defendant's right to appeal against his sentence? (California, United States of America)

Can the Court of Appeal strike a sentence of death against a defendant who has been convicted of murder and sentenced to death by reason of gross negligence? (California, United States of America)

If a defendant waives his appeal against his sentence because his codefendants later negotiate and receive sentences more lenient than his, would that waiver of appellate rights be enforceable? (California, United States of America)

Does a defendant who accepts a plea agreement that includes a specified sentence have an implicit waiver of his right to challenge the sentence at the Court of Appeal? (California, United States of America)

What waiver of appeal rights apply to a criminal defendant who knowingly waives any significant right such as constitutional rights? (California, United States of America)

What is the impact of the Court of Appeal's sentencing of a defendant who abscondes from court and absconds while serving her sentence? (California, United States of America)

Does a defendant have a right to represent himself in a motion to appeal his conviction and death sentence? (California, United States of America)

Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)

What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (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)

What is the impact of a death sentence on a defendant's right to appeal against his sentence?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources