By Kim Masters Evans
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Additional resources for Capital Punishment: Cruel and Unusual? (Information Plus Reference Series)
The jury was never asked to consider whether Bullock in fact killed, attempted to kill, or intended to kill. He was convicted and sentenced to death as an accomplice to the crime. During the appeals process the Mississippi Supreme Court confirmed that Bullock was indeed a participant in the murder. S. Supreme Court modified the Enmund decision with a 5–4 ruling in Cabana v. S. 376). The Court indicated that even though Enmund had to be considered at some point during the judicial process, the initial jury trying the accused did not necessarily have to consider the Enmund ruling.
The writ may issue only if one of the following two conditions is satisfied—the state-court adjudication resulted in a decision that (1) ‘‘was contrary to . . clearly established Federal law, as determined by the Supreme Court of the United States,’’ or (2) ‘‘involved an unreasonable application of . . ’’ Under the ‘‘contrary to’’ clause, a federal habeas court may grant the writ if the state court arrives at a conclusion opposite to that reached by this Court on a question of law or if the state court decides a case differently than this Court has on a set of materially indistinguishable facts.
When Does the Right to Counsel End? Joseph Giarratano was a Virginia death row prisoner. He received full counsel for his trial and for his initial appeal. Afterward, Virginia would no longer provide him with his own lawyer. He went to court, complaining that because he was poor the state of Virginia should provide him with counsel to help prepare postconviction appeals. Virginia permitted the condemned prisoner the right to use the prison libraries to prepare an appeal, but it did not provide the condemned with his own personal attorney.
Capital Punishment: Cruel and Unusual? (Information Plus Reference Series) by Kim Masters Evans