McKinney V. Arizona
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McKinney V. Arizona
McKinney v. Arizona, 589 U.S. ___ (2020), is a Supreme Court of the United States decision concerning how an appellate court handles sentencing after an Edding's error is identified – an error in which a person deciding a sentence in a capital punishment does not consider all mitigating evidence. It ruled that the state appellate court, rather than a jury, should reweigh the mitigating and aggravating factors in a habeas corpus review. Background James Erin McKinney (born June 4, 1967), along with his half-brother Charles Michael Hedlund (born November 22, 1964), committed two counts of burglary which resulted in two deaths. After being prosecuted by the State of Arizona, McKinney was found guilty of two counts of First Degree Murder. At sentencing, a psychologist testified that he had diagnosed McKinney with post-traumatic stress disorder, with the sentencing judge stating that McKinney's childhood was “beyond the comprehension of most people.” Arizona state law pre ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Arizona Supreme Court
The Arizona Supreme Court is the state supreme court of the U.S. state of Arizona. Sitting in the Supreme Court building in downtown Phoenix, the court consists of a chief justice, a vice chief justice, and five associate justices. Each justice is appointed by the governor of Arizona from a list recommended by a bipartisan commission. Justices stand for retention in an election two years after their appointment and then every six years. They must retire at age 70. Court history The court started in 1912 with 3 justices. Alfred Franklin, Donald L. Cunningham, and Henry D. Ross took office on February 14, 1912 (Valentine's Day). In 1949, the Court expanded from 3 to 5 justices and from 5 to 7 justices in 2016. The jurisdiction of the court is prescribed by Article VI, Section 5 of the Arizona Constitution. Most of the appeals heard by the court go through the Arizona Court of Appeals, except for death penalty cases, over which the Arizona Supreme Court has sole appellate jur ...
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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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Mitigating Evidence
Mitigating evidence is evidence that is provided (usually by the defendant in a criminal trial) in order to try to establish the presence of mitigating circumstances. The presence of mitigating circumstances can reduce the punishment imposed for the offense. The case of the '' Oregon v. Guzek'' dealt with the issue of whether alibi An alibi (from the Latin, '' alibī'', meaning "somewhere else") is a statement by a person, who is a possible perpetrator of a crime, of where they were at the time a particular offence was committed, which is somewhere other than where the crim ... evidence not introduced at trial could be introduced in the sentencing phase of a death penalty trial as mitigating evidence. References Evidence law {{law-stub ...
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Aggravation (law)
Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself." Aggravated assault, for example, is usually differentiated from simple assault by the offender's intent (e.g., to murder or to rape), the extent of injury to the victim, or the use of a deadly weapon. An aggravating circumstance is a kind of attendant circumstance and the opposite of an extenuating or mitigating circumstance, which decreases guilt. In the UK, the Criminal Justice Act 2003 requires a court to consider (a) relevant previous convictions, (b) racial or religious aggravation, and (c) hostility towards the victim or to persons generally based on sexual orientation (or presumed sexual orientation) or disability (or presumed disability) when determining sentence for a conviction. The antonym of aggravation is mitigation. ...
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KJZZ (FM)
KJZZ (91.5 FM, "K Jazz") is a National Public Radio member station in Phoenix, Arizona. Owned by Rio Salado College, it operates from studios on the college's campus in Tempe. KJZZ airs a format of NPR, jazz, and blues. KJZZ is sister station to the area's main classical music station, KBAQ. History The station signed on February 22, 1951, broadcasting from the campus of Phoenix College, then an arm of the Phoenix Union High School District, as KFCA. It was Phoenix's first FM radio station, broadcasting with 10 watts on 88.5 MHz. It became a part of the Maricopa County Junior College District, now the Maricopa County Community College District, when the district was formed in 1962. The station moved to its present location at 91.5 MHz in 1966. In 1971, KFCA joined NPR and was approved for a power increase to 100,000 watts from a new tower on South Mountain. On August 24, 1972, soon after signing on from its new, stronger tower, the station changed its calls to KMCR- ...
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Supreme Court Of Arizona
The Arizona Supreme Court is the state supreme court of the U.S. state of Arizona. Sitting in the Supreme Court building in downtown Phoenix, the court consists of a chief justice, a vice chief justice, and five associate justices. Each justice is appointed by the governor of Arizona from a list recommended by a bipartisan commission. Justices stand for retention in an election two years after their appointment and then every six years. They must retire at age 70. Court history The court started in 1912 with 3 justices. Alfred Franklin, Donald L. Cunningham, and Henry D. Ross took office on February 14, 1912 (Valentine's Day). In 1949, the Court expanded from 3 to 5 justices and from 5 to 7 justices in 2016. The jurisdiction of the court is prescribed by Article VI, Section 5 of the Arizona Constitution. Most of the appeals heard by the court go through the Arizona Court of Appeals, except for death penalty cases, over which the Arizona Supreme Court has sole appellate jurisd ...
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Post-traumatic Stress Disorder
Post-traumatic stress disorder (PTSD) is a mental and behavioral disorder that can develop because of exposure to a traumatic event, such as sexual assault, warfare, traffic collisions, child abuse, domestic violence, or other threats on a person's life. Symptoms may include disturbing thoughts, feelings, or dreams related to the events, mental or physical distress to trauma-related cues, attempts to avoid trauma-related cues, alterations in the way a person thinks and feels, and an increase in the fight-or-flight response. These symptoms last for more than a month after the event. Young children are less likely to show distress but instead may express their memories through play. A person with PTSD is at a higher risk of suicide and intentional self-harm. Most people who experience traumatic events do not develop PTSD. People who experience interpersonal violence such as rape, other sexual assaults, being kidnapped, stalking, physical abuse by an intimate partner, an ...
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Appellate Court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordina ...
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First Degree Murder
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable provocation, or diminished capacity. ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Most societies consider murder to be an extremely serious crime, and thus that a pers ...
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Arizona
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Four Corners region with Utah to the north, Colorado to the northeast, and New Mexico to the east; its other neighboring states are Nevada to the northwest, California to the west and the Mexican states of Sonora and Baja California to the south and southwest. Arizona is the 48th state and last of the contiguous states to be admitted to the Union, achieving statehood on February 14, 1912. Historically part of the territory of in New Spain, it became part of independent Mexico in 1821. After being defeated in the Mexican–American War, Mexico ceded much of this territory to the United States in 1848. The southernmost portion of the state was acquired in 1853 through the Gadsden Purchase. Southern Arizona is known for its desert cl ...
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