LINDSEY
v.
ALABAMA

U.S. | 1985-02-25
No. 84-5969
470 U.S. 1023 Supreme Court of the United States (1985) Positive Treatment
Cited by 1 case
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.

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  • Lindsey v. Smith, 820 F.2d 1137 (11th Cir. 1987)
    …far outweigh[ed] any mitigating factors,” and imposed the death penalty.2 The verdict and sentence were upheld on appeal. Lindsey v. State, 456 So. 2d 383 (Ala.Crim.App.1983), aff'd sub nom. Ex parte Lindsey, 456 So. 2d 393 (Ala.1984), cert. denied, 470 U.S. 1023, 105 S.Ct. 1384, 84 L.Ed.2d 403 (1985). After the Alabama Supreme Court set an execution date, appellant’s state court trial counsel filed a petition for writ of error coram nobis in Alabama circuit court. The court denied the petition without a he…

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