(DOWNLOAD) "State West Virginia v. Wayne Harlton Gwinn" by In the United States Court of Appeals for the Fifth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: State West Virginia v. Wayne Harlton Gwinn
- Author : In the United States Court of Appeals for the Fifth Circuit
- Release Date : January 11, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
Upon a defendants conviction at retrial following prosecution of a successful appeal, imposition by the sentencing court of an increased sentence violates due process and the original sentence must act as a ceiling above which no additional penalty is permitted. However the "proper procedure upon retrial is to submit the case to the jury under proper instructions for every degree of homicide which the evidence supports, and if the jury returns a verdict in the second trial for an offense greater than that returned in the first trial, the trial court should then enter judgment for the offense for which the first conviction was obtained." Syllabus Point 3, in part, State v. Cobb, W.Va. , 277 S.E.2d 468 (1980).
 "State West Virginia v. Wayne Harlton Gwinn" by In the United States Court of Appeals for the Fifth Circuit * eBook PDF Kindle ePub Free){kind=link}