ALVAREZ

v.

NEBRASKA

Citator

Cited By

• Sims v. Eyman, 405 F.2d 439 (9th Cir. 1969)
  …therspoon the Court implicitly upheld the death penalty as a permissible form of punishment. Also, on October 14, 1968, the Court denied certiorari in a case which directly challenged the constitutionality of capital punishment. Alvarez v. Nebraska, 393 U.S. 823, 89 S.Ct. 81, 21 L.Ed.2d 94. Under the present state of the law, we are compelled to hold that the imposition of the death penalty does not violate the Eighth and Fourteenth Amendments. IV. Petitioner contends that he was denied due process becau…
• United States ex rel. Donald Somerville v. State OF Ill., 429 F.2d 1335 (7th Cir. 1970)
  …. Harris, 394 Ill. 325, 68 N.E. 2d 728. . Petitioner’s conviction was earlier affirmed on appeal which rejected his claim of double jeopardy. People v. Somerville, 88 Ill.App.2d 232, 231 N.E. 2d 701, leave to appeal denied 37 Ill.2d 627, cert. den. 393 U.S. 823, 89 S.Ct. 81, 21 L.Ed. 2d 94. . The State does not question the retro-activity of Benton as applied to the circumstances of the instant case. This appears to be in accord with Ashe, supra, 90 S.Ct. at 1191, n. 1, although the scope of Benton’s retr…