AMADEO
v.
RUSSEAU, SHERIFF; MILLER V. ARKANSAS; JACKSON V. CALIFORNIA

U.S. | 1981-03-30
Nos. 80-5942; No. 80-5969; No. 80-6155
450 U.S. 1035 Supreme Court of the United States (1981) Positive Treatment
Cited by 19 cases

Dissent
Justice Brennan and Justice Marshall,

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 sentences in these cases.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (19 total)

  • State v. Thewell Eugene Hamilton, 574 So. 2d 124 (Fla. 1991)
    …el may be implicated. Unauthorized materials can circumvent these rights to the extent that [*130] they have not been subjected to the rigors of the adversarial process. Id. (quoting Gibson v. Clanon, 633 F. 2d 851, 853 (9th Cir.1980), cert. denied, 450 U.S. 1035, 101 S.Ct. 1749, 68 L.Ed.2d 231 (1981)). The Eleventh Circuit — the jurisdiction of which includes Florida — has held that these same concerns underlay its adoption of the Paz/Howard test. Perkins, 748 F. 2d at 1533. The Ninth Circuit also has note…
  • Causey Harrell v. State, 405 So. 2d 480 (Fla. 3d DCA 1981)
    …her Florida or feder [*484] al cases which permit an appellate court to find harmful error just because an error was committed below. Absent proof of actual reliance by the jury, compare Gibson v. Clanon, 633 F. 2d 851 (9th Cir. 1980), cert. denied, 450 U.S. 1035, 101 S.Ct. 1749, 68 L.Ed.2d 231 (1981) (affidavit of jurors revealed jurors looked up incidence of AB blood-type after court ruled evidence of AB incidence inadmissible and looked up morphine dosage in medical encyclopedia) with Ezzard v. State, 155…
  • United States v. Bagnariol, 665 F.2d 877 (9th Cir. 1981)
    …ut the trial, is aware of the defenses asserted, and has heard the evidence. The judge’s conclusion about the effect of the alleged juror misconduct deserves substantial weight. See Gibson v. Clanon, 633 F. 2d 851, 855 (9th Cir. 1980), cert. denied, 450 U.S. 1035, 101 S.Ct. 1749, 68 L.Ed.2d 231 (1981). Nevertheless, because of the threat to the fundamental right of defendants to an impartial jury, the trial judge’s determination must be considered in the context of the entire record. We conduct an independe…
    1 / 5

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