constitutional imperative rule (Texas) · Go Syfert
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constitutional imperative rule in Texas

5 Texas opinions name it 2 courts 1994–2017 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Walton v. Arizonared
scotus · 1990 · cited in 5 Texas opinions naming this issue, 1994–2017
2 sentences

2017It might be argued, although we States Supreme Court in Walton v. Arizona affirmatively certainly have no occasion here to hold, that declined to "adopt as a constitutional imperative a rule Subsection (c) implicitly assigns the burden of that would require the court to consider the mitigating proof to the beneficiary of a finding of "sufficient circumstances claimed by a defendant unless the State mitigating . . . circumstances to warrant that a negated [**41] them by a preponderance of the evi- sentence of life . . . be imposed." Cf. Arnold v. dence." 497 U.S. 639, at 650 , 110 S. Ct. 3047,

2017It might be argued, although we States Supreme Court in Walton v. Arizona affirmatively certainly have no occasion here to hold, that declined to "adopt as a constitutional imperative a rule Subsection (c) implicitly assigns the burden of that would require the court to consider the mitigating proof to the beneficiary of a finding of "sufficient circumstances claimed by a defendant unless the State mitigating . . . circumstances to warrant that a negated [**41] them by a preponderance of the evi- sentence of life . . . be imposed." Cf. Arnold v. dence." 497 U.S. 639, at 650 , 110 S. Ct. 3047,

55
Arnold v. Stategreen
texcrimapp · 1990 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017It might be argued, although we States Supreme Court in Walton v. Arizona affirmatively certainly have no occasion here to hold, that declined to "adopt as a constitutional imperative a rule Subsection (c) implicitly assigns the burden of that would require the court to consider the mitigating proof to the beneficiary of a finding of "sufficient circumstances claimed by a defendant unless the State mitigating . . . circumstances to warrant that a negated [**41] them by a preponderance of the evi- sentence of life . . . be imposed." Cf. Arnold v. dence." 497 U.S. 639, at 650 , 110 S. Ct. 3047,

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

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