OTEY
v.
NEBRASKA; BROWN V. NORTH CAROLINA

U.S. | 1982-12-06
Nos. 82-5308; No. 82-5542
459 U.S. 1080 Supreme Court of the United States (1982) Positive Treatment
Cited by 6 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

  • Ritter v. Thigpen, 828 F.2d 662 (11th Cir. 1987)
    …3 U.S. 1229, 103 S.Ct. 3571, 77 L.Ed.2d 1411 (1983). In North Carolina at least, the prohibition against overlap was expressly premised on federal constitutional law grounds. See State v. Brown, 306 N.C. 151, 293 S.E. 2d 569, 585-86, cert. denied, 459 U.S. 1080, 103 S.Ct. 503, 74 L.Ed.2d 642 (1982). It is, therefore, clear that the overlap issue was a widely recognized issue. The fact that this issue was not raised in the first habeas petition by petitioner’s counsel who was well versed in the law pertai…
  • Otey v. Grammer, 859 F.2d 575 (8th Cir. 1988)
    …90, 287 N.W. 2d 36 (1979), cert. denied, 446 U.S. 988, 100 S.Ct. 2974, 64 L.Ed.2d 846 (1980). State post-conviction relief also was denied, and that result was likewise affirmed on appeal. State v. Otey, 212 Neb. 103, 321 N.W. 2d 453, cert. denied, 459 U.S. 1080, 103 S.Ct. 502, 74 L.Ed.2d 641 (1982). Otey then filed in federal court a petition for a writ of habeas corpus, raising thirty-one grounds for relief. Adopting the extensive report and recommendation of the Magistrate,1 the District [*577] Court2 d…
  • Brown v. Dixon, 891 F.2d 490 (4th Cir. 1989)
    …ing testimony from several additional witnesses, returned sentences of death. The North Carolina Supreme Court found no merit to any of Brown’s numerous assignments of error, and affirmed. State v. Brown, 306 N.C. 151, 293 S.E. 2d 569, cert. denied, 459 U.S. 1080, 103 S.Ct. 503, 74 L.Ed.2d 642 (1982). On July 16, 1984, Judge William H. Helms of the North Carolina Superior Court for Moore County denied Brown’s motion for post-conviction relief.1 The motion asserted, among other things, that the prosecutor ha…

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