casebriefs3

casebriefs3 - Nick Fortune October 29, 2007 Business Law...

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Nick Fortune October 29, 2007 Business Law 230 Case Brief Assignment #1 Schad v. Arizona U.S. Supreme Court 501 U.S. 624 1991 Facts: An Arizona prosecutor brought a charge of first-degree murder against Schad after he was found with a murder victim's vehicle and other belongings. In Arizona, first-degree murder is murder committed with premeditation or murder committed in an attempt to rob. Schad maintained that circumstantial evidence established at most that he was a thief. The jury's instructions addressed first- and second-degree murder, not theft. The jury convicted Schad of first-degree murder. The judge sentenced Schad to death. Issue: Does the Due Process Clause of the 14th Amendment require juries in capital cases to be instructed on every lesser offense, including non-capital offenses, that are supported by the evidence? Decision: The jury's instructions addressed first- and second-degree murder, not theft. The jury convicted Schad of first-degree murder. The judge sentenced Schad to death. Reason:
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No. In a complex decision, Souter's plurality opinion acknowledged that jury instructions offering all-or-nothing alternatives in capital cases may overstep the Due Process Clause. But Schad's jury was not faced with such a choice. His jury had been instructed on the non-capital offense of second-degree murder. Case Brief #2 Hopkins, Warden v. Reeves United States Supreme Court 524 U.S. 88 1998 Facts: Randolph K. Reeves was charged with two counts of felony murder for the sexual assault
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This note was uploaded on 04/13/2010 for the course LAW 230 taught by Professor Birkel,c during the Spring '08 term at W. Carolina.

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casebriefs3 - Nick Fortune October 29, 2007 Business Law...

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