KING
v.
MISSISSIPPI

U.S. | 1983-05-02
No. 82-6106
461 U.S. 919 Supreme Court of the United States (1983) Positive Treatment
Cited by 5 cases
Dissent
Justice Brennan,

Justice Brennan,

dissenting. .

Adhering to my view 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 (1976), I would grant certiorari and vacate the death sentence in this case.

Dissent
Justice Marshall,

Justice Marshall,

dissenting.

Adhering to my view that the death penalty is under all circumstances cruel and unusual punishment forbidden by the Eighth and Fourteenth Amendments, I would grant certio-rari and vacate petitioner’s death sentence on this basis alone. However, even under the prevailing view that the death penalty may constitutionally be imposed under certain conditions, I would grant certiorari to decide the constitutionality of instructing a jury that it must sentence the defendant to death if it finds that the prosecution has proved aggravating circumstances that outweigh any mitigating circumstances . There is a substantial question whether such an instruction impermissibly prevents the jury from basing its sentence on “factors which may call for a less severe penalty,” Lockett v. Ohio, 438 U. S. 586, 605 (1978) (plurality opinion), even though they do not outweigh the aggravating circumstances proved by the prosecution. Cf. Woodson v. North Carolina, 428 U. S. 280 (1976).

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • World OF Sleep, Inc. v. La-Z-Boy Chair Co., 756 F.2d 1467 (10th Cir. 1985)
    …c price is set, but whether a dealer’s independent judgment is eliminated through a coerced agreement. See id. at 221-22, 60 S.Ct. at 843-44; AAA Liquors, Inc. v. Joseph E. Seagram & Sons, Inc., 705 F. 2d 1203, 1205-06 (10th Cir.1982), cert. denied, 461 U.S. 919, 103 S.Ct. 1903, 77 L.Ed.2d 290 (1983). In this case, World of Sleep contends that La-Z-Boy successfully pressured Mauldin to agree to keep his prices above the level he would have set in response to World of Sleep’s competition. There is evidence i…
  • FOX Motors, Inc. v. Mazda Distribs. (Gulf), Inc., 806 F.2d 953 (10th Cir. 1986)
    …nc. v. CBS, 441 U.S. 1, 99 S.Ct. 1551, 60 L.Ed.2d 1 (1979) (literal price fixing), and other situations in which the Rule of Reason properly applies. Cf. AAA Liquors v. Joseph E. Seagram & Sons, 705 F. 2d 1203, 1205-07 (10th Cir.1982), cert. denied, 461 U.S. 919, 103 S.Ct. 1403, 77 L.Ed.2d 290 (1983) (Rule of Reason applied to vertical pricing policy absent crucial element of coercion); Colorado Pump & Supply Co. v. Febco, Inc., 472 F. 2d 637, 640-41 (10th Cir.) (full-line requirement challenged as tying ar…
  • J.F. Feeser, Inc. v. Serv-A-Portion, Inc., 909 F.2d 1524 (3d Cir. 1990)
    …rice war,” and does not require suppliers to offer the same prices to customers in a given geographical area, absent a purpose to exclude disfavored buyers from the relevant market or some adverse effect on competition in that market), cert. denied, 461 U.S. 919,103 S.Ct. 1903, 77 L.Ed.2d 290 (1983); cf. Tunis Bros. Co., Inc. v. Ford Motor Co., 763 F. 2d at 1490 n. 13 (“[I]n addition to showing the existence of a conspiracy or combination, plaintiffs must show an adverse impact on competition to prove a sec…

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