HORTON
v.
GEORGIA; BLAIR V. MISSOURI; TRIMBLE V. MISSOURI

U.S. | 1983-01-24
Nos. 82-5793; No. 82-5834; No. 82-5861
459 U.S. 1188 Supreme Court of the United States (1983) Positive Treatment
Cited by 18 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

  • Brooks v. Kemp, 762 F.2d 1383 (11th Cir. 1985)
    …jury can be objected to and validly excluded. See, e.g., Horton v. State, 249 Ga. 871, 295 S.E. 2d 281 (1982) (excluding defense argument about physical effect of electrocution because of irrelevance and failure to introduce evidence), cert. denied, 459 U.S. 1188, 103 S.Ct. 837, 74 L.Ed.2d 1030 (1983); see also Lockett v. Ohio, 438 U.S. 586, 604 n. 12, 98 S.Ct. 2954, 2964 n. 12, 57 L.Ed.2d 973 (1981). . In concluding that emotion is both appropriate and inevitable, we need not address whether some case migh…
  • Horton v. Zant, 941 F.2d 1449 (11th Cir. 1991)
    …Horton’s motion to grant a new sentencing hearing. 2. Appeals and Collateral Appeals Horton’s conviction and sentence of death was affirmed on appeal by the Georgia Supreme Court. Horton v. State, 249 Ga. 871, 295 S.E. 2d 281 (1982), cert. denied, 459 U.S. 1188, 103 S.Ct. 837, 74 L.Ed.2d 1030 (1983). Horton then filed a petition for habeas corpus in state court in December of 1983. The trial court held an eviden-tiary hearing and then denied the writ. The Georgia Supreme Court summarily affirmed the trial…
  • Blair v. Armontrout, 916 F.2d 1310 (8th Cir. 1990)
    …ding, the jury voted for the death penalty. Blair’s conviction was affirmed on appeal, State v. Blair, 638 S.W. 2d 739 (Mo.1982) (en banc), and his conviction became final on January 24, 1983 with the denial of certiorari. Blair v. [*1335] Missouri, 459 U.S. 1188, 103 S.Ct. 838, 74 L.Ed.2d 1030 (1983). His state post-conviction petition was denied after a hearing. The district court denied Blair’s habeas petition without a hearing. Blair v. Armontrout, 643 F.Supp. 785 (W.D.Mo.1986). I note that the jury did…
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