MUNIZ
v.
TEXAS; WAYE V. VIRGINIA

U.S. | 1979-06-04
Nos. 78-6187; No. 78-6500
442 U.S. 924 Supreme Court of the United States (1979) Positive Treatment
Cited by 24 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 (12 total)

  • Lowery v. W.J. Estelle, Jr., 696 F.2d 333 (5th Cir. 1983)
    …hat the striking was either necessarily, under Texas criminal procedures, compare Hawk at 447 n. 2,24 or in fact premised on a determination of the merits of the allegation stricken. Cf. Gully v. Kunzman, 592 F. 2d 283, 289 (6th Cir.), cert. denied, 442 U.S. 924, 99 S.Ct 2850, 61 L.Ed.2d 292 (1979) (double jeopardy no bar to imposition of death sentence on second conviction for willful murder and armed robbery where life sentence only was sought and imposed following first conviction for same offenses). N…
  • Delk v. Atkinson, 665 F.2d 90 (6th Cir. 1981)
    …ence to support the verdict . . . poses no bar to further prosecution on the same charge.” United States v. Scott, 437 U.S. 82, 90-91, 98 S.Ct. 2187, 2193, 57 L.Ed.2d 65 (1978). See also Gully v. Kunzman, 592 F. 2d 283, 288 (6th Cir.), cert. denied, 442 U.S. 924, 99 S.Ct. 2850, 61 L.Ed.2d 292 (1979). The present case differs from Burks in that the reversal was for procedural error. Nevertheless, if the evidence at the prior trial was actually insufficient under the standard of Jackson v. Virginia, the def…
  • Atkins v. People OF the State OF Mich. (William L. Cahalan, 644 F.2d 543 (6th Cir. 1981)
    …s been found by the federal courts to be one of the few rights, along with the right to be free of double jeopardy, Abney v. United States, 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977); Gully v. Kunzman, 592 F. 2d 283 (6th Cir.), cert. denied, 442 U.S. 924, 99 S.Ct. 2850, 61 L.Ed.2d 292 (1979), whose vindication may be asserted prior to trial, either by direct appeal of an adverse interlocutory order or by a petition for habeas corpus. Stack v. Boyle, 342 U.S. 1, 72 S.Ct. 1, 96 L.Ed. 3 (1951); United…

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