STANLEY
v.
KEMP, SUPERINTENDENT, GEORGIA DIAGNOSTIC AND CLASSIFICATION CENTER

U.S. | 1984-05-29
No. 82-7003
467 U.S. 1219 Supreme Court of the United States (1984) Positive Treatment
Cited by 37 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 sentence in this case.


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Cited By (36 total)

  • Pembaur v. City OF Cincinnati, 475 U.S. 469 (U.S. 1986)
    …ice violated the Fourth Amendment. State v. Pembaur, No. C-790380 (Hamilton County Court of Appeals, Nov. 3, 1982). The Ohio Supreme Court reversed and reinstated the conviction. State v. Pembaur, 9 Ohio St. 3d 136, 459 N. E. 2d 217, cert. denied, 467 U. S. 1219 (1984). The Supreme Court held that the state-law privilege applied only to bad-faith conduct by law enforcement officials, and that, under the circumstances of this case, Pembaur was obliged to acquiesce to the search and seek redress later in a…
    1 / 2
  • …nom. Courtwright v. EEOC, 446 U. S. 952 (1980); Citizens for a Better Environment v. Gorsuch, 231 U. S. App. D. C. 79, 87, 90, 718 F. 2d 1117, 1125, 1128 (1983), cert. denied sub nom. Union Carbide Corp. v. Natural Resources Defense Council, Inc., 467 U. S. 1219 (1984). However, in addition to the law which forms the basis of the claim, the parties’ consent animates the legal force of a consent decree. See Pacific R. Co. v. Ketchum, supra; Citizens for a Better Environment v. Gorsuch, supra, at 89-90, 718…
  • Eurus Kelly Waters v. Thomas, 46 F.3d 1506 (11th Cir. 1995)
    …decisions, trial counsel’s “position in reaching these conclusions is strikingly more advantageous than that of a federal habeas court in speculating post hoe about his conclusions.” Stanley v. Zant, 697 F. 2d 955, 970 (11th Cir.1983), cert. denied, 467 U.S. 1219, 104 S.Ct. 2667, 81 L.Ed.2d 372 (1984). He explained that counsel’s knowledge of local attitudes, and “evaluation of the particular jury, his sense of the ‘chemistry’ of the courtroom are just a few of the elusive, intangible factors that are not…

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