[Download] "Papachristou v. Turbines" by United States Court of Appeals for the Eighth Circuit " eBook PDF Kindle ePub Free

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eBook details

• Title: Papachristou v. Turbines
• Author : United States Court of Appeals for the Eighth Circuit
• Release Date : January 04, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

The Warden of the Nebraska State Penitentiary appeals from the district courts order granting a writ of habeas corpus to Carey Dean Moore. Moore was convicted on two counts of first-degree murder and sentenced to death on each count after the sentencing panel applied the Nebraska statute dealing with aggravating and mitigating circumstances, Neb.Rev.Stat. § 29-2523 (Reissue 1985). Nebraska statute permits the sentencing panel to consider, in determining if the death penalty should be applied, whether the murder "manifested exceptional depravity by ordinary standards of morality and intelligence." Id. § 29-2523(1)(d). The district court, adopting the Report and Recommendation of the United States Magistrate, held that this statutory provision was unconstitutionally vague as written and as construed by the Nebraska Supreme Court. While this is a difficult issue requiring careful consideration, we are satisfied that the district judge correctly analyzed the constitutionality of this statutory aggravating circumstance and, therefore, we affirm the order granting the writ of habeas corpus.

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