Smith V. Texas (2007)
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Smith V. Texas (2007)
''Smith v. Texas'', 550 U.S. 297 (2007), was a United States Supreme Court case about a challenge to a Texas death penalty court procedure. Justice Anthony Kennedy wrote the opinion of the Court, holding 5-4 that the Texas procedure was improper. Justice Samuel Alito wrote a dissent. Background LaRoyce Lathair Smith was convicted of capital murder in the 1991 murder of a Dallas Taco Bell employee. He was sentenced to death by a jury in Dallas County, Texas. In 2004, the Supreme Court overturned his death sentence because of an improper jury instruction and sent the case back to Texas state court. After the case was remanded, the Texas Court of Criminal Appeals held that Smith’s pre-trial objections did not preserve the claim of constitutional error he asserted. "Under the Texas framework for determining whether an instructional error merits reversal, the state court explained, this procedural default required Smith to show egregious harm — a burden the court held he did ...
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2004 Term Per Curiam Opinions Of The Supreme Court Of The United States
The Supreme Court of the United States handed down six ''per curiam'' opinions during its 2004 term, which began October 4, 2004 and concluded October 3, 2005. Because ''per curiam'' decisions are issued from the Court as an institution, these opinions all lack the attribution of authorship or joining votes to specific justices. All justices on the Court at the time the decision was handed down are assumed to have participated and concurred unless otherwise noted. Court membership Chief Justice: William Rehnquist Associate Justices: John Paul Stevens, Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer ''Smith v. Texas'' ''San Diego v. Roe'' ''Brosseau v. Haugen'' ''Howell v. Mississippi'' ''Bell v. Cone'' ''Medellín v. Dretke'' See also * List of United States Supreme Court cases, volume 543 * List of United States Supreme Court cases, volume 544 This is a list of all the United States Supreme ...
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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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2007 In Texas
7 (seven) is the natural number following 6 and preceding 8. It is the only prime number preceding a cube. As an early prime number in the series of positive integers, the number seven has greatly symbolic associations in religion, mythology, superstition and philosophy. The seven Classical planets resulted in seven being the number of days in a week. It is often considered lucky in Western culture and is often seen as highly symbolic. Unlike Western culture, in Vietnamese culture, the number seven is sometimes considered unlucky. It is the first natural number whose pronunciation contains more than one syllable. Evolution of the Arabic digit In the beginning, Indians wrote 7 more or less in one stroke as a curve that looks like an uppercase vertically inverted. The western Ghubar Arabs' main contribution was to make the longer line diagonal rather than straight, though they showed some tendencies to making the digit more rectilinear. The eastern Arabs developed the digit fr ...
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Capital Punishment In Texas
Capital punishment is a legal penalty in the U.S. state of Texas for murder, and participation in a felony resulting in death if committed by an individual who has attained or is over the age of 18. In 1982, the state became the first jurisdiction in the world to carry out an execution by lethal injection, when it executed Charles Brooks Jr. It was the first execution in the state since 1964. Texas, which is the second most populous state of the Union, has executed 578 offenders since the U.S. capital punishment resumption in 1976 (beginning in 1982 with the Brooks execution) to November 16, 2022 (the execution of Stephen Dale Barbee)—more than a third of the national total. Even per capita, Texas has the nation's second-highest execution rate, behind only neighboring Oklahoma. History The first execution in Texas occurred in 1819, with the execution of a white male, George Brown, for piracy. In 1840, a free black male, Henry Forbes, was executed for jail-breaking. Prio ...
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United States Death Penalty Case Law
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 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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Penry V
Penry may refer to: Surname *David Penry-Davey (1942–2015), Judge of the High Court of England and Wales *John Penry (1559–1593), Welsh Protestant *Johnny Paul Penry (born 1956), American rapist *Josh Penry (born 1976) American politician *Mary Penry (1735–1804), Welsh-born woman in colonial Pennsylvania *Peter Penry-Jones (1938–2009), Welsh actor * Richard Allen Penry (1948–1994), United States Army soldier *Rupert Penry-Jones (born 1970), English actor Given name * Penry Powell Palfrey (1830–1902), British stained glass designer and painter *Penry Williams (1866–1945), English politician * Penry Williams (artist) (1802–1885), Welsh artist *Penry Williams (historian) (1925-2013), Welsh historian * Penry Gustavson (born 1970), American politician See also *Penry v. Johnson ''Penry v. Johnson'', 532 U.S. 782 (2001), is a United States Supreme Court case which concerned whether instructions given to a Texas jury were constitutionally adequate to emphasize th ...
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Harmless Error
In United States law, a harmless error is a ruling by a trial judge that, although mistaken, does not meet the burden for a losing party to reverse the original decision of the trier of fact on appeal, or to warrant a new trial. Harmless error is easiest to understand in an evidentiary context. Evidentiary errors are subject to harmless error analysis, under Federal Rule of Evidence 103(a) ("Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected.") The general burden when arguing that evidence was improperly excluded or included is to show that the proper ruling by the trial judge may have, on the balance of probabilities, resulted in the opposite determination of fact. In the case of ''Earll v. State of Wyoming'', the Wyoming Supreme Court distinguished between reversible error (which requires a conviction be overturned) and harmless error (which does not), as follows:
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Gene Schaerr
Gene C. Schaerr (born April 15, 1957)George Bush: "Appointment of Gene C. Schaerr as Associate Counsel to the President," April 17, 1991. Online by Gerhard Peters and John T. Woolley, The American Presidency Project. http://www.presidency.ucsb.edu/ws/index.php?pid=19483 is an American attorney. Biography Schaerr was born in Kanab, Utah, and educated in the public schools. In 1981, he received a B.A. degree from Brigham Young University, and then earned master's degrees in economics and philosophy from Yale University in 1985 and 1986. After graduating from Yale Law School in 1985, where he was a member of the ''Yale Law Journal'', he served as a law clerk for D.C. Circuit Judge Ken Starr, and from 1986 to 1987 for U.S. Supreme Court Justices Warren Burger and Antonin Scalia. Schaerr is a litigator in state and federal appellate courts, including the U.S. Supreme Court. In 2014, he was chosen to represent the state of Utah as outside counsel in ''Kitchen v. Herbert'', the state's ...
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Ted Cruz
Rafael Edward "Ted" Cruz (; born December 22, 1970) is an American politician and attorney serving as the junior United States Senator from Texas since 2013. A member of the Republican Party, Cruz served as Solicitor General of Texas from 2003 to 2008. After graduating from Princeton University and Harvard Law School, Cruz pursued a career in politics. He worked as a policy advisor in the George W. Bush administration before serving as Solicitor General of Texas from 2003 to 2008. In 2012, Cruz was elected to the U.S. Senate, becoming the first Hispanic-American to serve as a U.S. senator from Texas. In the Senate, Cruz has taken consistently conservative positions on economic and social policy; he played a leading role in the 2013 United States federal government shutdown, seeking to force Congress and President Barack Obama to defund the Affordable Care Act. He was reelected in a close Senate race in 2018 against Democratic candidate Beto O'Rourke. In 2016, Cruz ran ...
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Washington Post
''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large national audience. Daily broadsheet editions are printed for D.C., Maryland, and Virginia. The ''Post'' was founded in 1877. In its early years, it went through several owners and struggled both financially and editorially. Financier Eugene Meyer purchased it out of bankruptcy in 1933 and revived its health and reputation, work continued by his successors Katharine and Phil Graham (Meyer's daughter and son-in-law), who bought out several rival publications. The ''Post'' 1971 printing of the Pentagon Papers helped spur opposition to the Vietnam War. Subsequently, in the best-known episode in the newspaper's history, reporters Bob Woodward and Carl Bernstein led the American press's investigation into what became known as the Watergate scandal, ...
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