(DOWNLOAD) "People V. Ramos" by Supreme Court Of California ~ Book PDF Kindle ePub Free
eBook details
- Title: People V. Ramos
- Author : Supreme Court Of California
- Release Date : January 01, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
This case is before us on remand from the United States Supreme Court. When it was last here, we concluded that no reversible error had occurred at the guilt phase of defendant's trial, but that an instruction given at the penalty phase -- the so-called Briggs Instruction, described below -- violated the federal Constitution and required a reversal of the penalty judgment and a remand for further proceedings. (People v. Ramos (1982) 30 Cal. 3d 553 [180 Cal. Rptr. 266, 639 P.2d 908] [ Ramos I ].) In light of our ruling on the Briggs Instruction, we did not reach other claims of error raised by defendant. The United States Supreme Court granted certiorari to review our decision, and ultimately concluded, in a five to four holding, that the Briggs Instruction did not violate the federal Constitution. (California v. Ramos (1983) 463 U.S. 992 [77 L.Ed.2d 1171, 103 S.Ct. 3446].) Recognizing that its resolution of the single federal constitutional issue before it left a variety of issues still to be determined by this court, the high court remanded the matter to us "for further proceedings not inconsistent with [its] opinion." (463 U.S. at p. 1014 [77 L.Ed.2d at p. 1189, 103 S.Ct. at p. 3460].) We granted the parties leave to file supplemental briefs and set the case for reargument.
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