Labels:book | bulletin board | reckoner | sky OCR: defendant has already been found to be guilty, Herrera Collins, 113 098 {1993) (once conv victed "presumption of innocence disappears"}. The of the death penalty are protected under the Eighth Amendment that are guaranteed by State and Federal Courts. See Herrera Collins, supra, 113 863 (punishment nat guilt, "properly examined within purview the Eighth Amendment") Further, states generally provide additional protections under state procedural laws, guaranteed the State Courts, beyond the constitutional uinimum These include mandatory Teview of death penalties. thesc circumstances, the concerns of the Clause are not necessary The possibility of a higher sentence after retrial has been previously accepted by this Court SF legitimate concomitant of the retrial process. Chaffin Stynchcombe 41 ...
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