BEGASSAT
v.
COSMOPOLITAN NATIONAL BANK OF CHICAGO, AS TRUSTEE UNDER TRUST NO. 13199, ET AL.; SPENCER V. ISRAEL, WARDEN; BECKER V. ARCADIAN GARDENS; PUCHALA ET AL. V. COINTELPRO ET AL.

U.S. | 1983-05-31
Nos. 82-1061; No. 82-5950; No. 82-6273; No. 82-6369
461 U.S. 971 Supreme Court of the United States (1983) Positive Treatment
Cited by 30 cases

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  • Walton v. Arizona, 497 U.S. 639 (U.S. 1990)
    …n case, the trial judge, and then this court on review, must determine whether the mitigating circumstances are ‘sufficiently substantial to call for leniency.’” State v. Gretzler, 135 Ariz. 42, 55, 659 P. 2d 1, 13 (citations omitted), cert. denied, 461 U. S. 971 (1983). Thus, under Arizona law, as construed by Arizona’s highest court, a first-degree murder is not punishable by a death sentence until at least one statutory aggravating circumstance has been proved.1 [*710] In this case, the sentencing judge f…
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  • Schriro v. Summerlin, 542 U.S. 348 (U.S. 2004)
    …state law changed, however, the actual content of state law did not. See State v. Ring, 200 Ariz. 267, 279, 25 P. 3d 1139, 1151 (2001), rev'd on other grounds, 536 U. S. 584 (2002); State v. Gretzler, 135 Ariz. 42, 54, 659 P. 2d 1, 13, cert. denied, 461 U. S. 971 (1983); Johnson v. Fankell, 520 U. S. 911, 916 (1997). The dissent distinguishes DeStefano on the ground that “this ease involves only a small subclass of defendants deprived of jury trial rights, the relevant harm within that subclass is more wide…
  • Lewis v. Jeffers, 497 U.S. 764 (U.S. 1990)
    …be considered in determining whether the offense was committed in a heinous or depraved manner and that the infliction of gratuitous violence on the victim was one factor. See ibid, (citing State v. Gretzler, 135 Ariz. 42, 659 P. 2d 1, cert. denied, 461 U. S. 971 (1983), and State v. Ceja, 126 Ariz. 35, 612 P. 2d 491 (1980)). The court then observed that, in the instant case, “the defendant climbed on top of the dead victim and hit her in the face several times which eventually resulted in additional wound…
    1 / 2

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