OTEY
v.
NEBRASKA; BLAKE V. GEORGIA; O'BRYAN V. TEXAS; GRAY V. MISSISSIPPI; BURGER V. GEORGIA

U.S. | 1980-06-02
Nos. 79-1438; No. 79-5921; No. 79-6194; No. 79-6250; No. 79-6422
446 U.S. 988 Supreme Court of the United States (1980) Positive Treatment
Cited by 26 cases
Dissent
Mr. Justice Brennan and Mr. Justice Marshall,

Mr. Justice Brennan and Mr. Justice Marshall,

dissenting.

Adhering to our view 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

Citator

Cited By (26 total)

  • Blair v. Royal AMC Jeep, Inc., 397 So. 2d 744 (Fla. 5th DCA 1981)
    …8), rev’d on other grounds, 444 U.S. 555, 100 S.Ct. 790, 63 L.Ed.2d 22 (1980). . Hinkle v. Rock Springs Nat Bank, 538 F. 2d 295 (10th Cir. 1976). . Cody v. Community Loan Corporation of Richmond County, 606 F. 2d 499 (5th Cir. 1979), cert. denied, 446 U.S. 988, 100 S.Ct. 2973, 64 L.Ed.2d 846 (1980); Davis v. United Companies Mortgage and Investment of Gretna, Inc., 551 F. 2d 971 (5th Cir. 1977). . Mirabal v. General Motors Acceptance Corporation, 537 F. 2d 871 (7th Cir. 1976); Allen v. Beneficial Finance…
  • Burger v. Kemp, 483 U.S. 776 (U.S. 1987)
    …g a second sentencing hearing, and also during a second appeal which resulted in affirmance of petitioner’s capital sentence in 1980. Burger v. State, 242 Ga. 28, 247 S. E. 2d 834 (1978); Burger v. State, 245 Ga. 458, 265 S. E. 2d 796, cert. denied, 446 U. S. 988 (1980). Leaphart was paid approximately $9,000 for his services. After exhausting his state collateral remedies, petitioner (then represented by a different attorney) filed a habeas corpus proceeding in the United States District Court for the Sout…
  • Washington v. Watkins, 655 F.2d 1346 (5th Cir. 1981)
    …n banc) (approving instruction that jury was to consider as a mitigating circumstance “[a]ny other matter [besides the statutory mitigating circumstances] brought before you which you deem to be mitigating on behalf of the Defendant”), cert. denied, 446 U.S. 988, 100 S.Ct. 2975, 64 L.Ed.2d 847 (1980). And, of course, whether a given set of instructions operates so as to preclude the jury’s consideration of nonstatutory mitigating factors will depend on how a reasonable juror could have interpreted the lan…

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