CAPE
v.
FRANCIS, WARDEN; ALDERMAN V. GEORGIA; WILSON V. LOUISIANA

U.S. | 1985-10-15
Nos. 84-6962; No. 84-6975; No. 85-5171
474 U.S. 911 Supreme Court of the United States (1985) Positive Treatment
Cited by 13 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

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Cited By (12 total)

  • Stein v. State, 995 So. 2d 329 (Fla. 2008)
    …iction counsel will inevitably identify shortcomings in the performance of pri- or counsel. As we have noted before, “[i]n retrospect, one may always identify shortcomings,” Cape v. Francis, 741 F. 2d 1287, 1302 (11th Cir.1984), cert. [*340] denied, 474 U.S. 911, 106 S.Ct. 281, 88 L.Ed.2d 245 (1985), but perfection is not the standard of effective assistance. Waters v. Thomas, 46 F. 3d 1506, 1513-14 (11th Cir.1995). Counsel investigated the information Stein provided and reviewed the information he discov…
  • Eurus Kelly Waters v. Thomas, 46 F.3d 1506 (11th Cir. 1995)
    …post-conviction counsel will inevitably identify shortcomings in the performance of prior counsel. As we have noted before, “[i]n retrospect, one may always identify shortcomings,” Cape v. Francis, 741 F. 2d 1287, 1302 (11th Cir.1984), cert. denied, 474 U.S. 911, 106 S.Ct. 281, 88 L.Ed.2d 245 (1985), but perfection is not the standard of effective assistance. The widespread use of the tactic of attacking trial counsel by showing what “might have been” proves that nothing is clearer than hindsight — except p…
  • Alderman v. Zant, 22 F.3d 1541 (11th Cir. 1994)
    …ew sentencing hearing was held in the Superior Court of Chatham County in March, 1984. Alderman was again sentenced to death. The Supreme Court of Georgia affirmed the death sentence. Alderman v. State, 254 Ga. 206, 327 S.E. 2d 168, cert. denied, 474 U.S. 911, 106 S.Ct. 282, 88 L.Ed.2d 245, reh’g. denied, 474 U.S. 1000, 106 S.Ct. 419, 88 L.Ed.2d 369 (1985). Alderman then filed a petition for state habeas corpus relief in the Superior Court of Butts County, Georgia. Alderman v. Kemp, Civil Action No. 86…

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