TUCKER
v.
ZANT, WARDEN, GEORGIA DIAGNOSTIC AND CLASSIFICATION CENTER; KING V. TEXAS; SPRAGGINS V. ZANT, WARDEN; EDWARDS V. MISSISSIPPI; SHAW V. MISSOURI

U.S. | 1982-10-12
Nos. 81-6952; No. 82-5012; No. 82-5084; No. 82-5275; No. 82-5306
459 U.S. 928 Supreme Court of the United States (1982) Positive Treatment
Cited by 28 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.

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Cited By (14 total)

  • Migra v. Warren City Sch. Dist. Bd. of Educ., 465 U.S. 75 (U.S. 1984)
    …ve faced this question have ruled that claim preclusion is applicable to a § 1983 action. See Isaac v. Schwartz, 706 F. 2d 15 (CA1 1983); Nilsen v. City of Moss Point, 701 F. 2d 556 (CA5 1983); Castorr v. Brundage, 674 F. 2d 531 (CA6), cert. denied, 459 U. S. 928 (1982); Lee v. City of Peoria, 685 F. 2d 196 (CA7 1982); Robbins v. District Court of Worth County, Iowa, 592 F. 2d 1015 (CA8), cert. denied, 444 U. S. 852 (1979); Scoggin v. Schrunk, 522 F. 2d 436 (CA9 1975), cert. denied, 423 U. S. 1066 (1976); Sp…
  • Tucker v. Kemp, 762 F.2d 1496 (11th Cir. 1985)
    …ay 1981, Tucker filed a habeas corpus petition in the Superior Court of Butts County, Georgia, which was denied. A second habeas corpus petition in the same court was denied in January 1982. The Supreme Court again denied certiorari. Tucker v. Zant, 459 U.S. 928, 103 S.Ct. 238, 74 L.Ed.2d 188 (1982). The instant habeas corpus petition was filed in the United States District Court for the Middle District of Georgia in November 1982. The district court denied relief. On appeal, a panel of this court granted…
  • Loudermill v. Cleveland Bd. OF Educ., 721 F.2d 550 (6th Cir. 1983)
    …urt.” Id. at 476. We construe Allen and Kremer to compel application of traditional principles of claim preclusion in the § 1983 context, as indeed our Court’s precedents suggest. Castorr v. Brundage, 674 F. 2d 531, 536-37 (6th Cir.), cert. denied, 459 U.S. 928 (1982); Coogan v. Cincinnati Bar Association, 431 F. 2d 1209, 1211 (6th Cir.1970). Applied to the instant case, Allen and Kremer suggest that we scrutinize Ohio law to assess the preclusive effect it would attach to the state law dismissal of Donnel…

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