DE LA ROSA
v.
TEXAS

U.S. | 1985-03-18
No. 84-6316 (A-654)
470 U.S. 1065 Supreme Court of the United States (1985) Positive Treatment
Cited by 12 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 the application for stay and the petition for writ of certiorari and would vacate the death sentence in this case.


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By (12 total)

  • Withrow v. Williams, 507 U.S. 680 (U.S. 1993)
    …montrout, 818 F. 2d 684, 685-686 (CA8) (when and whether warnings were given), cert. denied, 484 U. S. 978 (1987); De La Rosa v. Texas, 743 F. 2d 299, 301-302 (CA5 1984) (officer’s explanation of the warnings alleged to be misleading), cert. denied, 470 U. S. 1065 (1985); Stanley v. Zant, 697 F. 2d 955, 972 (CA11 1983) (allegedly misleading waiver form), cert. denied, 467 U. S. 1219 (1984). See, e.g., Bobo v. Kolb, 969 F. 2d 391, 395-398 (CA7 1992) (standing mute); Christopher v. Florida, 824 F. 2d 836, 841-…
  • Tapia v. Tansy, 926 F.2d 1554 (10th Cir. 1991)
    …. V. INEFFECTIVE ASSISTANCE OF COUNSEL Every convicted person has a constitutional right to effective assistance of counsel for his first appeal of right. Evitts v. Lucey, 469 U.S. 387, 393-94, 105 S.Ct. 830, 834-35, 83 L.Ed.2d 821, reh’g denied, 470 U.S. 1065, 105 S.Ct. 1783, 84 L.Ed.2d 841 (1985). Tapia claims that he was denied this right when his appellate counsel declined to raise or brief the issues discussed above concerning the lost prelimi [*1564] nary hearing tapes and the use of perjured testim…
  • Solomon Richardson v. Duckworth, 834 F.2d 1366 (7th Cir. 1987)
    …chardson was once more advised in clear and unambiguous language of his right to an attorney before being questioned. The facts in this case are more appropriately compared to those in De La Rosa v. Texas, 743 F. 2d 299 (5th Cir.1984), cert. denied, 470 U.S. 1065, 105 S.Ct. 1781, 84 L.Ed.2d 840 (1985). There the defendant, like Richardson was given sufficient Miranda warnings, and as here a detective, while explaining the Miranda rights to the defendant, stated that “it will take some time” before a lawyer w…

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