PEYTON, PENITENTIARY SUPERINTENDENT

v.

ROWE ET AL.

Citator

Cited By

• Furman v. Georgia, 408 U.S. 238 (U.S. 1972)
  …lifornia, 402 U. S. 183, 226 (1971) (separate opinion). By limiting its grants of certiorari, the Court has refused even to hear argument on the Eighth Amendment claim on two occasions in the last four years. Witherspoon v. Illinois, cert. granted, 389 U. S. 1035, rev’d, 391 U. S. 510 (1968); McGautha v. California, cert. granted, 398 U. S. 936 (1970), aff’d, 402 U. S. 183 (1971). In these cases the Court confined its attention to the procedural aspects of capital trials, it being implicit that the punishmen…
• Witherspoon v. Illinois, 391 U.S. 510 (U.S. 1968)
  …cruples might likewise hesitate in returning a verdict finding [the defendant] sane, which in effect confirms the death sentence.” People v. Carpenter, 13 Ill. 2d 470, 476, 150 N. E. 2d 100, 103. (Emphasis added.) 36 Ill. 2d 471, 224 N. E. 2d 259. 389 U. S. 1035. Unlike the statutory provision in this case, statutes and rules disqualifying jurors with scruples against capital punishment are often couched in terms of reservations against finding a man guilty when the penalty might be death. See, e. g., Cal.…
• Peyton v. Rowe, 391 U.S. 54 (U.S. 1968)
  …e Constitution. The Court considered this issue in McNally v. Hill, 293 U. S. 131 (1934), and held that the habeas corpus statute does not authorize attacks upon future consecutive sentences. We granted certiorari in this case to re-examine McNally. 389 U. S. 1035 (1968). We conclude that the decision in that case was compelled neither by statute nor by history and that today it represents an indefensible barrier to prompt adjudication of constitutional claims in the federal courts. Respondents, Robert Rowe…