ARKWRIGHT

v.

GEORGIA

Citator

Cited By

• Waddy v. State, 661 So. 2d 351 (Fla. 1st DCA 1995)
  …charge have not occurred_” Id. 213 Cal. Rptr. at 544 (quoting Brown v. Ohio, 432 U.S. 161,169 n. 7, 97 S.Ct. 2221, 2227 n. 7, 53 L.Ed.2d 187, 196 n. 7 (1977)). Accord State v. Poland, 255 La. 746, 232 So. 2d 499 (1970), modified on other grounds, 408 U.S. 936, 92 S.Ct. 2862, 33 L.Ed.2d 754 (1972). We find these cases to have been correctly decided and we follow their reasoning and result in the matter before us. Accordingly, the petition for writ of prohibition is denied. PETITION DENIED. WOLF, WEBST…
• Zant v. Stephens, 462 U.S. 862 (U.S. 1983)
  …cade ago this Court struck down an Ohio statute that permitted a death sentence only if the jury found that the victim of the murder was a police officer, but gave the jury unbridled discretion once that aggravating factor was found. Duling v. Ohio, 408 U. S. 936 (1972), summarily rev’g 21 Ohio St. 2d 13, 254 N. E. 2d 670 (1970). See Ohio Rev. Code Ann. §2901.04 (1953). There is no difference of any consequence between the Ohio scheme held impermissible in Duling and the “threshold” scheme that the Court end…
• Miller-El v. Cockrell, 537 U.S. 322 (U.S. 2003)
  …willingness to impose the minimum sentence for murder. Under Texas law at the time of petitioner’s trial, an unwillingness to do so warranted removal for cause. Huffman v. State, 450 S. W. [*333] 2d 858, 861 (Tex. Crim. App. 1970), vacated in part, 408 U. S. 936 (1972). This strategy normally is used by the defense to weed out pro-state members of the venire, but, ironically, the prosecution employed it here. The prosecutors first identified the statutory minimum sentence of five years’ imprisonment to 34…