BOWDEN
v.
KEMP, WARDEN

U.S. | 1986-06-24
No. 85-7182 (A-1000)
477 U.S. 910 Supreme Court of the United States (1986) Caution
Cited by 4 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

  • Moore v. Zant, 885 F.2d 1497 (11th Cir. 1989)
    …92. In some instances, however, an abuse might be found even if the law has changed since the earlier petition. See, e.g., McCorquodale v. Kemp, 832 F. 2d 543, 544 (11th Cir.1987); Bowden v. Kemp, 793 F. 2d 273, 275 & n. 4 (11th Cir.), cert. denied, 477 U.S. 910, 106 S.Ct. 3289, 91 L.Ed.2d 576 (1986). Cf. Coleman v. Saffle, 869 F. 2d 1377, 1381 (10th Cir.1989). Our task in this case is definitively to decide the standard by which courts of this circuit henceforth will judge the abusive nature of petitio…
    1 / 2
  • Coleman v. Saffle, 869 F.2d 1377 (10th Cir. 1989)
    …hanged since the earlier peti [*1381] tion, Coleman also must show that he or his attorney reasonably should not have been aware of the possibility or legal basis for such a claim. Bowden v. Kemp, 793 F. 2d 273, 275 & n. 4 (11th Cir.), cert. denied, 477 U.S. 910, 106 S.Ct. 3289, 91 L.Ed.2d 576 (1986); Moore v. Blackburn, 774 F. 2d 97, 98 (5th Cir.1985), cert. denied, 476 U.S. 1176, 106 S.Ct. 2904, 90 L.Ed.2d 990 (1986). Once the state adequately raises the abuse of the writ issue with clarity and particula…
  • Gunn v. Lanson Newsome, 851 F.2d 1294 (11th Cir. 1988)
    …The dissent maintains that "[o]ur cases clearly indicate that failure to raise a claim on direct appeal can constitute an abuse of the writ.” To support this assertion, the dissent cites Bowden v. Kemp, 793 F. 2d 273, 274 (11th Cir.), cert. denied, 477 U.S. 910, 106 S.Ct. 3289, 91 L.Ed.2d 576 (1986); Goode v. Wainwright, 731 F. 2d 1482, 1483-84 (11th Cir.1984). Neither of these cases, however, holds that a petitioner abuses the writ by raising a claim in a federal habeas petition that he could have raise…
    1 / 2

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