SMITH
v.
TEXAS

U.S. | 1986-08-21
No. A-131
Justice Rehnquist and Justice O’Connor took no part in the consideration or decision of this application.
478 U.S. 1032 Supreme Court of the United States (1986) Positive Treatment
Cited by 2 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 in order to give the applicant time to file a petition for writ of certiorari, and would grant the petition and vacate the death sentence in this case.


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  • Jones v. Butler, 864 F.2d 348 (5th Cir. 1988)
    …nying a writ of habeas corpus is AFFIRMED and this court’s April 29, 1988, stay of execution is VACATED. . State v. Jones, 474 So. 2d 919 (La.1985). . Jones v. Louisiana, 476 U.S. 1178, 106 S.Ct. 2906, 90 L.Ed.2d 992 (1986). . Jones v. Louisiana, 478 U.S. 1032, 107 S.Ct. 13, 92 L.Ed.2d 768 (1986). . Jones v. Butler, 512 So. 2d 427 (La.1987); see also State ex rel. Jones v. Butler, 513 So. 2d 1192 (La.1987) (application for supervisory and/or remedial writs and stay of execution denied). . Jones v. Butle…
  • United States v. Razo-Leora, 961 F.2d 1140 (5th Cir. 1992)
    …ther testimony and that it was uncorroborated. The jury is the final arbiter of the credibility of a witness. United States v. Birdsell, 775 F. 2d 645, 654 (5th Cir.1985), cert. denied, 476 U.S. 1119, 106 S.Ct. 1979, 90 L.Ed.2d 662, and reh. denied, 478 U.S. 1032, 107 S.Ct. 14, 92 L.Ed.2d 768 (1986). See also Hindman v. City of Paris, Texas, 746 F. 2d 1063, 1068 (5th Cir.1984). Razo-Leora made essentially the same argument to the jury on Castillo’s credibility that he makes to us. We will not disturb the jur…

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