MONTANO

v.

CALIFORNIA

Citator

Cited By

• Ford v. Strickland, 696 F.2d 804 (11th Cir. 1983)
  …ourt.’ ” Presnell, 439 U.S. at 16, 99 S.Ct. at 236, quoting Cole v. Arkansas, 333 U.S. 196, 202, 68 S.Ct. 514, 517, 92 L.Ed. 644 (1948). Indeed, the law has appeared clear that “only the trier of fact may impose a death sentence.” Willis v. Balkcom, 451 U.S. 926, 101 S.Ct. 2003, 68 L.Ed.2d 315 (1981) (Marshall, Brennan & Stewart, JJ., dissenting from denial of certiorari). If the trial court declines to im [*870] pose the death penalty, the appellate court constitutionally could not impose the death sentenc…
• Zant v. Stephens, 456 U.S. 410 (U.S. 1982)
  …that such action by the Georgia Supreme Court was permissible in the proceedings before this Court. Indeed, prior to this Court’s action today, it has always been assumed that “only the trier of fact may impose a death sentence.” Willis v. Balkcom, 451 U. S. 926, 928 (1981) (Marshall, J., joined by Brennan and Stewart, JJ., dissenting from denial of certiorari). In any event, a “reviewing court can determine only whether a rational jury might have imposed the death penalty if it had been properly instruct…
• Willis v. Zant, 720 F.2d 1212 (11th Cir. 1983)
  …ertain an appeal therefrom. The United States Supreme Court has denied petitions for writs of certiorari to review both decisions of the Georgia Supreme Court. Willis v. Georgia, 444 U.S. 885, 100 S.Ct. 178, 62 L.Ed.2d 116 (1979); Willis v. Balkcom, 451 U.S. 926, 101 S.Ct. 2003, 68 L.Ed.2d 315, reh’g denied, 452 U.S. 932, 101 S.Ct. 3070, 69 L.Ed.2d 433 (1981). Willis then petitioned the district court for a writ of habeas corpus, alleging thirty-three constitutional infirmities in his conviction and sentenc…