COLEMAN
v.
SENTENCE REVIEW DIVISION OF SUPREME COURT OF MONTANA
COLEMAN
SENTENCE REVIEW DIVISION OF SUPREME COURT OF MONTANA
449 U.S. 893
Supreme Court of the United States (1980)
Caution
Cited by 50 cases
Dissent
Justice Brennan and 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.
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Burnett v. Grattan, 468 U.S. 42 (U.S. 1984)…tatutes of limitations. See, e. g., Burns v. Sullivan, 619 F. 2d 99 (applying Massachusetts Commission Against Discrimination 6-month limitation on filing administrative complaints in public employee’s action under 42 U. S. C. § 1983), cert. denied, 449 U. S. 893 (1980). The First Circuit has followed Bums in Carter v. Supermarkets General Corp., 684 F. 2d 187, 189 (1982) (private employee, § 1981 action); Holden v. Commission Against Discrimination of Massachusetts, 671 F. 2d 30 (claim of racially motivated…
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Garcia v. Wilson, 731 F.2d 640 (10th Cir. 1984)…l nature of the federal action. Knoll v. Springfield Township School District, 699 F. 2d 137, 140 (3d Cir.1983); Braden v. Texas A & M University System, 636 F. 2d 90, 92 (5th Cir.1981); Burns v. Sullivan, 619 F. 2d 99, 105 (1st Cir.), cert. denied, 449 U.S. 893, 101 S.Ct. 256, 66 L.Ed.2d 121 (1980). Characterization of such a federal claim is a matter of federal law. UAW v. Hoosier Cardinal Corp., 383 U.S. 696, 706, 86 S.Ct. 1107, 1113, 16 L.Ed.2d 192 (1966); Pauk v. Board of Trustees, 654 F. 2d 856, 865…1 / 2
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O'Bryan v. W.J. Estelle, Jr., 714 F.2d 365 (5th Cir. 1983)…for habeas relief. O’Bryan argues that his failure to object to the trial court’s charge should not bar his claim because the Texas court’s decisions in Williams, supra, and Quinones v. State, 592 S.W. 2d 933 (Tex.Cr.App.) (en banc), cert. denied, 449 U.S. 893, 101 S.Ct. 256, 66 L.Ed.2d 121 (1980), placed him in a “Catch-22” situation. As discussed above, the court of criminal appeals held in Williams that it would not review a challenge [*385] to the sentencing instructions where the defendant had made n…
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- Gregg v. Georgia, 428 U.S. 153 (U.S. 1976)