RUST
v.
NEBRASKA; AND HOLTAN V. NEBRASKA

U.S. | 1977-10-17
No. 77-5257
434 U.S. 912 Supreme Court of the United States (1977) Positive Treatment
Cited by 9 cases
Dissent
Mr. Justice Brennan and Mr. Justice Marshall

Mr. Justice Brennan and Mr. Justice Marshall dissenting.

Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentences in these cases.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Holtan v. Parratt, 683 F.2d 1163 (8th Cir. 1982)
    …Mr. Carey of the Douglas County, Nebraska Public Defender’s Office. Holtan’s conviction and sentences were affirmed by the Supreme Court of Nebraska in State v. Holtan, 197 Neb. 544, 250 N.W. 2d 876 (1977), cert. denied sub nom. Holtan v. Nebraska, 434 U.S. 912, 98 S.Ct. 313, 54 L.Ed.2d 198 (1977). A later challenge to his conviction under the Nebraska Post Conviction Act was denied by the District Court of Douglas County, Nebraska, and that decision was affirmed by the Supreme Court of Nebraska. State v.…
  • Wiley v. Puckett, 969 F.2d 86 (5th Cir. 1992)
    …006 (1984); Provence v. State, 337 So. 2d 783, 786 (Fla.1976), cert, denied, 431 U.S. 969, 97 S.Ct. 2929, 53 L.Ed.2d 1065 (1977); Willie v. State, 585 So. 2d 660, 680-81 (Miss.1991); State v. Rust, 197 Neb. 528, 250 N.W. 2d 867, 873-74 cert, denied, 434 U.S. 912, 98 S.Ct. 313, 54 L.Ed.2d 198 (1977); State v. Glidewell, 663 P. 2d 738, 743 (Okla.Crim.App.1983). . The retroactivity issue was not raised by the State, but, as did the Court in Teague, 489 U.S. at 300, 109 S.Ct. at 1069, we may consider it sua sp…
  • Wiley v. Mississippi, 479 U.S. 906 (U.S. 1986)
    …s have invalidated double counting of aggravating circumstances. See, e. g., Cook v. State, 369 So. 2d 1251, 1256 (Ala. 1979); Provence v. State, 337 So. 2d 783, 786 (Fla. 1976); State v. Rust, 197 Neb. 528, 537, 250 N. W. 2d 867, 873, cert. denied, 434 U. S. 912 (1977); Glidewell v. State, 663 P. 2d 738, 743 (Okla. Crim. App. 1983). Petitioner also challenges the application of this aggravating circumstance as unconstitutionally vague under Godfrey v. Georgia, 446 U. S. 420 (1980). Petitioner’s crime was s…

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