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Estate of Bower 1938  Supreme Court of California    Justia Law  Form

Estate of Bower 1938 Supreme Court of California Justia Law Form

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in 1971 States commonly granted juries broad standardless discretion to decide whether defendants convicted of murder should be sentenced to death that year the United States Supreme Court decided mtha versus California a set of two cases that challenged this sentencing discretion on due process grounds Dennis mtha was charged with murder after he participated in an armed robbery in which a victim was shot and killed as required by California law Math's trial was conducted before a single jury in a bifurcated proceeding the jury convicted mtha during the trial's guilt stage during the penalty stage mtha testified about his abuse of upbringing and argued that the death penalty would be unjust the judge instructed the jury that it had discretion to sentence mtha to death or to show him Mercy mgaa was sentenced to death and appealed to the California Supreme Court the court Affirmed Med moth's sentence and the United States Supreme Court granted C James krampton wa

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