Rights in relation to sentencing, punishment, and appeal
1. Procedural rights in sentencing: A has right to counsel at sentencing; cannot vindictively penalize A at a subsequent trial for exercising his right to appeal
2. Cruel and unusual punishment: 8th amendment prohibits cruel and unusual punishment; penalty grossly disproportionate to seriousness of offense committed is cruel and unusual; status crimes violate 8th amendment
3. Death penalty: any death penalty statute that does not give the A a chance to present mitigating facts and circumstances is unconstitutional; there can be no automatic category for imposition of the death penalty; the state may not by statute limit the mitigating factors; all relevant mitigating evidence must be admissible or the statute is unconstitutional; only a jury, and not a judge, may determine the aggravating factors justifying imposition of the death penalty
4. Constitutional problems on appeal: indigents must be given counsel at 1st appeal if it is provided as of right by the state
5. Collateral attack upon conviction: habeas corpus; no right to counsel at habeas hearing; A in custody may bring habeas petition