MCGAUTHA

v.

CALIFORNIA

Citator

Cited By

• Furman v. Georgia, 408 U.S. 238 (U.S. 1972)
  …disproportionate to an offense that is capital and has been so from the first year of Independence. ... Is constitutional dialectic so empty of reason that it can be seriously urged that loss of citizenship is a fate worse than death?” Id., at 125. 398 U. S. 936 (1970); 402 U. S., at 306 (BrenhaN, J., dissenting). While the constitutionality per se of capital punishment has been assumed almost without question, recently members of this Court have expressed the desire to consider the constitutionality of the…

  ← 1 / 3 →
• McGAUTHA v. California, 402 U.S. 183 (U.S. 1971)
  …a single trial and in a single verdict. We granted certi-orari in the McGautha case limited to the question whether petitioner’s constitutional rights were infringed by permitting the jury to impose the death penalty without any governing standards. 398 U. S. 936 (1970). We granted certiorari in the Crampton case limited to that same question and to the further question whether the jury’s imposition of the death sentence in the same proceeding and verdict as determined the issue of guilt was constitutional…
• Hackathorn v. J. E. (Bill) Decker, 438 F.2d 1363 (5th Cir. 1971)
  …ch appellant’s claim that he was entitled to a trial bifurcated between guilt or innocence on the one hand and punishment on the other, or that the jury was permitted to impose punishment without adequate standards. See McGautha v. California, 1970, 398 U.S. 936, 90 S.Ct. 1846, 26 L.Ed.2d 267, and Crampton v. Ohio, 1970, 398 U.S. 936, 90 S.Ct. 1847, 26 L.Ed.2d 268, now pending in the Supreme Court on the grant of writs of certiorari. These issues were not presented to the district court. Moreover, the Texas…

  ← 1 / 2 →