ROSS
v.
HOPPER, WARDEN

U.S. | 1978-05-01
No. 77-6359
435 U.S. 1018 Supreme Court of the United States (1978) Positive Treatment
Cited by 6 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 sentence in this case.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Ross v. Hopper, 716 F.2d 1528 (11th Cir. 1983)
    …ed, 428 U.S. 910, 96 S.Ct. 3222, 49 L.Ed.2d 1217 (1976). Appellant then petitioned for state habeas corpus relief. After a hearing, relief was denied. That decision was affirmed in Ross v. Hopper, 240 Ga. 369, 240 S.E. 2d 850 (1977), cert. denied, 435 U.S. 1018, 98 S.Ct. 1890, 56 L.Ed.2d 397 (1978). Appellant filed a petition for federal habeas corpus relief in the Southern District of Georgia. The matter was consolidated with two other cases in which the death penalty had been imposed. Mitchell v. Hoppe…
  • Ross v. Kemp, 756 F.2d 1483 (11th Cir. 1985)
    …denied, 428 U.S. 910, 96 S.Ct. 3222, 49 L.Ed.2d 1217 (1976). Ross petitioned for state habeas corpus relief, but, after a hearing, relief was denied. That decision was affirmed in Ross v. Hopper, 240 Ga. 369, 240 S.E. 2d 850 (1977), cert. denied, 435 U.S. 1018, 98 S.Ct. 1890, 56 L.Ed.2d 397 (1978). Meanwhile, Ross filed a petition for declaratory judgment in the superior court, alleging that his trial jury was influenced by doubt as to the constitutional validity of the Georgia death penalty statute. Th…
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  • Ross v. Kemp, 785 F.2d 1467 (11th Cir. 1986)
    …ion claim due to lack of evidence. The Georgia Supreme Court affirmed, stating it had fully considered all of Ross’ contentions but found that he was fairly tried and convicted. Ross v. Hopper, 240 Ga. 369, 240 S.E. 2d 850, 853 (1977), cert. denied, 435 U.S. 1018, 98 S.Ct. 1890, 56 L.Ed.2d 397 (1978). In 1978, Ross filed a petition for federal habeas corpus relief, raising twelve claims, again including an allegation of unconstitutional jury composition, and requested an evidentiary hearing. In December, 19…

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