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the moral ground on which America's legal system rests. That's essentially what the United States Supreme Court ruled in the 1986 case of Ford v. Wainwright. Citing centuries of English common-law precedent, the court pronounced that a civilized society cannot condone the execution of a person with so we
ervice 59 iii EFTA00155903 Table of Authorities Cases Adams v. Texas, 448 U.S. 38 (1980) 28 Arizona v. Fultninante, 499 U.S. 279 (1991) 22 Brown v. Maxwell, 929 F.3d 41 (2d Cir. 2019) 54 Burton v. Johnson, 948 F.2d 1150 (10th Cir. 1991) 29, 30 Clark v. United States, 289 U.S. 1 (1933) 27
116 F.3d 606 (2d Cir. 1997) 28, 35 United States v. Torres, 128 F.3d 38 (2d Cir. 1997) passim United States v. Wood, 299 U.S. 123 (1936) 29, 37 Wainwright v. Witt, 469 U.S. 412 (1985) 28, 43 Warth v. Seldin, 422 U.S. 490 (1975) 52 Wright v. Bernstein, 23 N.J. 284 (1957) 46 vi EFTA00155906 Const
atutory aggravating factors ... must now be alleged in the indictment and found by a jury in capital cases"); see also Bourgeois, 423 F.3d at 507; Brown, 441 F.3d at 1367 (collecting cases). Here, the district court noted that the government "implicitly conceded" that the Fifth Amendment requires
based on the fact that the govern- ment presented evidence that de- fendant was a member of a gang that had committed violen and un- lawful acts); Wainwright . Lock- hart, 80 F.3d 1226, 1 4 (8th Cir.1996) (ruling that questioning of defendant on involvement in street gang "did not serve any prop- er reb
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