While the Supreme Court's decision, in Ring v. Arizona, directly affected five states where juries played no role at all in the death penalty decision, it left open the constitutionality of the procedures in four other states, including Florida.
The criminal justice system in each of the 50 States is structured both to determine the guilt or innocence of defendants and to resolve all questions incident to that determination, including the constitutionality of the procedures leading up to the verdict.
WASHINGTON — The Supreme Court appeared divided on Monday over the constitutionality of a procedure that makes it easier to challenge questionable patents.
Similarly, we intimate no view concerning the constitutionality of the New York procedures governing children "in need of supervision". See id. at §§ 711-712, 742-745.
It is cruelly ironic that the Court would hold the constitutionality of pretrial identification procedures to be a question of law when the effect is to vacate a decision in favor of a prisoner whose incarceration had been held unconstitutional by lower courts, but would reject the same conclusion when the effect would be to vindicate such a prisoner's constitutional rights.
Mr. Wilson's lawsuit challenges the method rather the constitutionality of the execution procedure.
80, 34 L.Ed.2d 267 (1972), has any direct bearing on the constitutionality of the Ohio procedure for forming a conservancy district.
1077, 1089-1090, this Court sustained the constitutionality of New York's procedure under which the jury, rather than the trial judge, resolves disputed questions of fact as to the voluntariness of confessions offered against defendants charged with crime.
759 (D.C.S.D.N.Y ., the Court of Appeals affirmed, 309 F.2d 573 (Cir.2d Cir)., and we granted certiorari to consider fundamental questions about the constitutionality of the New York procedure governing the admissibility of a confession alleged to be involuntary.
