Brumfield V. Cain
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Brumfield V. Cain
''Brumfield v. Cain'', 576 U.S. 305 (2015), was a United States Supreme Court case in which the Court held that because Brumfield satisfied 28 U.S.C. § 2254(d)(2)’s requirements, he was entitled to have his ''Atkins v. Virginia'' claim considered on the merits in federal court. Background Kevan Brumfield (born January 7, 1973) was sentenced to death for the January 7, 1993 murder of off-duty Baton Rouge police officer Betty Smothers. Brumfield and his accomplice, Henri Broadway (born September 7, 1970), shot and killed Officer Smothers while she was escorting the manager of a grocery store to the bank.. Smothers was the mother of Warrick Dunn, who later became a running back for the Tampa Bay Buccaneers and the Atlanta Falcons. Brumfield had an IQ score of 75, had a fourth-grade reading level, had been treated at psychiatric hospitals as a child, had a learning disability, and had been placed in special education classes. The lower courts denied Brumfield an ''Atkins'' hearing a ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ...
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Samuel Alito
Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George W. Bush on October 31, 2005, and has served since January 31, 2006. He is the second Italian American justice to serve on the U.S. Supreme Court—after Antonin Scalia—and the eleventh Catholic. Raised in Hamilton Township, New Jersey, and educated at Princeton University and Yale Law School, Alito served as the U.S. Attorney for the District of New Jersey and a judge on the U.S. Court of Appeals for the Third Circuit (Philadelphia, Pennsylvania) before joining the Supreme Court. He is the 110th justice. In 2013, Alito was considered "one of the most conservative justices on the Court". Granick, Jennifer and Sprigman, Christopher (June 27, 2013"The Criminal N.S.A.", ''The New York Times'' He has described himself as a "practical originalist". Alito's majority opinions in lan ...
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Capital Punishment In Louisiana
Capital punishment is a legal punishment in Louisiana. Despite remaining a legal punishment, there have been no executions in Louisiana since 2010, and no involuntary executions since 2002. Execution protocols are tied up in litigation due to a 2012 lawsuit challenging Louisiana's lethal injection procedures. In addition, certain pharmaceutical companies and manufacturers do not want their products associated with capital punishment, meaning the state has been unable to obtain lethal injection drugs. Despite this, a 2018 survey by the Louisiana State University found that the majority of Louisianan citizens still support capital punishment. The most recent execution was of Gerald Bordelon, who waived his appeals and asked to be executed in 2010. He is the only person to have been executed in Louisiana since 2002. Legal process When the prosecution seeks the death penalty, the sentence is decided by the jury. In case of a hung jury during the penalty phase of the trial, a life se ...
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History Of Baton Rouge, Louisiana
The foundation of Baton Rouge, Louisiana, dates to 1721, at the site of a ''bâton rouge'' or "red stick" Muscogee boundary marker. It became the state capital of Louisiana in 1849. Prehistory Human habitation in the Baton Rouge area has been dated to about 8000 BC based on evidence found along the Mississippi, Comite, and Amite rivers. Earthwork mounds were built by hunter-gatherer societies in the Middle Archaic period, from roughly the 4th millennium BC.Rebecca Saunders, "The Case for Archaic Period Mounds in Southeastern Louisiana"
''Southeastern Archaeology'', Vol. 13, No. 2, Winter 1994, accessed November 4, 2011
Proto- divided into its dau ...
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2015 In United States Case Law
Fifteen or 15 may refer to: *15 (number), the natural number following 14 and preceding 16 *one of the years 15 BC, AD 15, 1915, 2015 Music *Fifteen (band), a punk rock band Albums * ''15'' (Buckcherry album), 2005 * ''15'' (Ani Lorak album), 2007 * ''15'' (Phatfish album), 2008 * ''15'' (mixtape), a 2018 mixtape by Bhad Bhabie * ''Fifteen'' (Green River Ordinance album), 2016 * ''Fifteen'' (The Wailin' Jennys album), 2017 * ''Fifteen'', a 2012 album by Colin James Songs * "Fifteen" (song), a 2008 song by Taylor Swift *"Fifteen", a song by Harry Belafonte from the album '' Love Is a Gentle Thing'' *"15", a song by Rilo Kiley from the album ''Under the Blacklight'' *"15", a song by Marilyn Manson from the album ''The High End of Low'' *"The 15th", a 1979 song by Wire Other uses *Fifteen, Ohio, a community in the United States * ''15'' (film), a 2003 Singaporean film * ''Fifteen'' (TV series), international release name of ''Hillside'', a Canadian-American teen drama *Fi ...
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United States Supreme Court Cases Of The Roberts Court
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ...
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List Of United States Supreme Court Decisions On Capital Punishment
The U.S. Supreme Court has issued numerous rulings on the use of capital punishment (the death penalty). While some rulings applied very narrowly, perhaps to only one individual, other cases have had great influence over wide areas of procedure, eligible crimes, acceptable evidence and method of execution. Eighth Amendment Method of execution * '' Wilkerson v. Utah'', – Firing squad is constitutional. * ''In re Kemmler'', – Electrocution is constitutional. * '' Nelson v. Campbell'', * '' Hill v. McDonough'', – Challenging constitutionality of the execution method is a §1983 lawsuit, not a habeas corpus petition, and thus not subject to the procedural bar on successive petitions. * '' Baze v. Rees'', – Kentucky's lethal injection method using sodium thiopental is constitutional. * '' Glossip v. Gross'', – To be unconstitutional, a method of execution must involve any risk of harm which is substantial when compared to a ''known and available'' alternative method ...
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Death Row
Death row, also known as condemned row, is a place in a prison that houses inmates awaiting Capital punishment, execution after being convicted of a capital crime and sentenced to death. The term is also used figuratively to describe the state of awaiting execution ("being on death row"), even in places where no special facility or separate unit for condemned inmates exists. In the United States, after an individual is found guilty of a Capital punishment in the United States#Capital crimes, capital offense in U.S. state, states where execution is a legal penalty, the judge will give the jury the option of imposing a death sentence or life imprisonment without the possibility of parole. It is then up to the jury to decide whether to give the death sentence; this usually has to be a unanimous decision. If the jury agrees on death, the defendant will remain on death row during appeal and ''habeas corpus'' procedures, which may continue for several decades. Opponents of capital punis ...
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Clarence Thomas
Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1991. After Marshall, Thomas is the second African American to serve on the Court and its longest-serving member since Anthony Kennedy's retirement in 2018. Thomas was born in Pin Point, Georgia. After his father abandoned the family, he was raised by his grandfather in a poor Gullah community near Savannah. Growing up as a devout Catholic, Thomas originally intended to be a priest in the Catholic Church but was frustrated over the church's insufficient attempts to combat racism. He abandoned his aspiration of becoming a clergyman to attend the College of the Holy Cross and, later, Yale Law School, where he was influenced by a number of conservative authors, notably Thomas Sowell, who dramatically shifted his worldview from progressive to ...
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Eighth Amendment To The United States Constitution
The Eighth Amendment (Amendment VIII) to the United States Constitution protects against imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the United States Bill of Rights. The amendment serves as a limitation upon the federal government to impose unduly harsh penalties on criminal defendants before and after a conviction. This limitation applies equally to the price for obtaining pretrial release and the punishment for crime after conviction. The phrases in this amendment originated in the English Bill of Rights of 1689. The prohibition against cruel and unusual punishments has led courts to hold that the Constitution totally prohibits certain kinds of punishment, such as drawing and quartering. Under the Cruel and Unusual Punishment Clause, the Supreme Court has struck down the application of capital punishment in some instances, but capital punishment is still permitted in s ...
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