CURRY

v.

TEXAS

Citator

Cited By

• United States ex rel. Walter Paul McGOUGH v. Hewitt, 528 F.2d 339 (3d Cir. 1975)
  …able to base his findings on his own impressions gathered from the petitioner’s appearance and demeanor at the trial in September of 1971. Cf. United States ex rel. Phelan v. Brierley, 453 F. 2d 73 (3d Cir. 1971) (en banc), vacated on other grounds, 408 U.S. 939, 92 S.Ct. 2875, 3 L.Ed.2d 762, rehearing denied, 409 U.S. 899, 93 S.Ct. 182, 34 L.Ed.2d 155 (1972). In Pate v. Robinson, supra, the Illinois procedure required that a jury be impaneled to make the determination of competency. Obviously,- it would ha…
• Curry v. Estelle, 524 F.2d 981 (5th Cir. 1975)
  …Furman v. Georgia, 1972, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346, the Supreme Court granted Curry’s petition and entered an order vacating the judgment of conviction insofar as it left undisturbed the death penalty imposed. Curry v. Texas, 1972, 408 U.S. 939, 92 S.Ct. 2872, 33 L.Ed.2d 761. While on remand to the Texas courts, Governor Preston Smith granted Curry a commutation of sentence from death to life imprisonment, and this commutation was found valid under state law. Stanley v. State, Tex.Cr.App.…
• Williams v. Louie L. Wainwright, 712 F.2d 1375 (11th Cir. 1983)
  …ED. . Indeed other jurisdictions have explicitly ruled that use of the M’Naughten standard does not violate due process protections. See, e.g., United States ex rel. Phelan v. Brierley, 453 F. 2d 73 (3d Cir.1971), judgment vacated on other grounds, 408 U.S. 939, 92 S.Ct. 2875, 33 L.Ed.2d 762 (1972); Ramer v. United States, 390 F. 2d 564, 576 (9th Cir.1968), cert. denied, 393 U.S. 870, 89 S.Ct. 156, 21 L.Ed.2d 138 (1968). See also Leland v. Oregon, 343 U.S. 790, 800-01, 72 S.Ct. 1002, 1008-09, 96 L.Ed. 1302…