Not exact matches
Prosecutors appealed the trial
judge's decision to the Saskatchewan Court of Appeal., which
reached a much
different conclusion.
[48] One can not say with certainty that the
judge would have
reached a
different conclusion on the use of the pain diary if he had considered all relevant factors, in particular whether there was a reasonable explanation for the delay in its disclosure.
Though a
judge might
reach a reasoned
conclusion not to reduce a sentence based on these factors under § 3553 (a), Rita stresses that, even when giving a guideline sentence, a
judge should «explain why he has rejected those arguments» put forward by defendants for a
different sentence.
However both cases have completely independent panels, indicating six separate appellate
judges, hearing two
different cases,
reached similar
conclusions.
Despite recognizing that some other courts have
reached a
different conclusion, the Ohio Supreme Court held that jury's weighing of aggravating circumstances against mitigating factors is not a fact - finding process, so it is not governed by Hurst, but even if it were, there was no violation because Ohio law requires the jury to unanimously agree that aggravating circumstances outweigh mitigating circumstances beyond a reasonable doubt before the trial
judge can consider imposing a death sentence.
Since it's subjective,
judges can
reach different conclusions in
different circumstances.