Post-Trial

Question 1

during sentencing, ct may use ev-

Answer 1

inadmissible @ tr, and that was obtained in violation of D’s 4A

Question 2

gen, if D wins his appeal and is given a new trial- what kind of sentence can he get

Answer 2

gen, not a harsher sentence. unless tried de novo

Question 3

for a sentence to comply w 8A, sentence must be

Answer 3

proportional to the cr committed and the sentences of other similarly situated crims having conducted similar crimes.

Question 4

mandatory capital punishment for certain crimes

Answer 4

uncons, cause it doesnt take into account mitigating factors

Question 5

jur may not impose death sentence unless it could also

Answer 5

return a verdict of G to a lesser-included

Question 6

there must be – to prevent imposition of the death penalty for arbitrary or discrim preasons

Answer 6

review procedure

Question 7

death penalty may be imposed by

Answer 7

a jur, or a judge w a recommendation of death from a jur

Question 8

right to appeal comes from __ and must be __

Answer 8

states: nothing in the cons

access to appellate review must be afforded in a nondiscrim manner

Question 9

appeal to COA- right to counsel?

Answer 9

no, no more once it’s a discretionary appeal

Question 10

habeas corpus is used to attack

Answer 10

the lawfulness of his detention

Question 11

habeas: pet must prove unlawful detention by

Answer 11

prep of ev