JUSTUS

v.

OKLAHOMA

Citator

Cited By

• Roberts v. Louisiana, 431 U.S. 633 (U.S. 1977)
  …rrying out of the death penalty [in this case] constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. Roberts v. Louisiana. . ." Ibid. See also Sparks v. North Carolina, 428 U. S. 905 (1976); Green v. Oklahoma, 428 U. S. 907 (1976). [*636] Recognizing that this Court had already decided that a mandatory death sentence could not be imposed for the crime that Harry Roberts committed, the Attorney General of Louisiana initially conceded that “under this Court’s decision in…
• Gates v. Henderson, 568 F.2d 830 (2d Cir. 1977)
  …was intended by the Supreme Court to apply retroactively to habeas petitions then pending in the federal courts. See 428 U.S. at 495 n. 38, 96 S.Ct. at 3052, n. 38; id. 428 U.S. at 482, 96 S.Ct. at 3070 (Brennan, J., dissenting); LaVallee v. Mungo, 428 U.S. 907, 96 S.Ct. 3215, 49 L.Ed.2d 1213 (1976) (per curiam) (vacation of judgment and remand to court of appeals for further consideration in light of Stone); Bracco v. Reed, 540 F. 2d 1019, 1020-21 (9th Cir. 1976); Chavez v. Rodriguez, 540 F. 2d 500, 502 (…
• Baker v. Cowley, 931 F.2d 1394 (10th Cir. 1991)
  …murder conviction and does not allow the sentencing authority to exercise its discretion. In support of his argument, Baker cites to a number of cases including Gregg v. Georgia, 428 U.S. 153, 96 S.Ct. 2909, 49 L.Ed.2d 859 (1976); Green v. Oklahoma, 428 U.S. 907, 96 S.Ct. 3216, 49 L.Ed.2d 1214 (1976) (order); Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972); and Williams v. New York, 337 U.S. 241, 69 S.Ct. 1079, 93 L.Ed. 1337 (1949). In these cases, the Court repeatedly acknowledged the…