(DOWNLOAD) "United States v. Chandler" by Eleventh Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Chandler
- Author : Eleventh Circuit U.S. Court of Appeals
- Release Date : January 19, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 91 KB
Description
Appellant Lloyd Duest is an inmate on Floridas death row. Previously, we affirmed the district courts denial of habeas corpus relief as to Duests conviction for first-degree murder, but reversed the courts denial of relief as to his sentence of death. Duest v. Singletary, 967 F.2d 472, 483 (11th Cir. 1992). We set aside Duests capital sentence because his jury had based its recommendation of death upon consideration of a prior criminal conviction which later was vacated. Id. at 480. Imposition of the death penalty under such circumstances violates the Eighth and Fourteenth Amendments to the United States Constitution, as interpreted in Johnson v. Mississippi, 486 U.S. 578, 108 S. Ct. 1981, 100 L. Ed. 2d 575 (1988). Furthermore, the State did not show beyond a reasonable doubt that Duest would have received the death penalty absent the Johnson error. Duest, 967 F.2d at 482. As such, we held the violation was not constitutionally excusable under the venerable harmless-error standard of Chapman v. California, 386 U.S. 18, 24, 87 S. Ct. 824, 828, 17 L. Ed. 2d 705 (1967) (holding that conviction or sentence obtained in violation of the Constitution must be vacated unless error was "harmless beyond a reasonable doubt").
 "United States v. Chandler" by Eleventh Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free){kind=link}