RIVELAND, EXECUTIVE DIRECTOR, COLORADO DEPARTMENT OF CORRECTIONS

v.

BALL

Citator

Cited By

• State v. Binion, 637 So. 2d 952 (Fla. 4th DCA 1994)
  …rather was voluntary, the Miranda rule did not apply even though Rivera was in custody. Our supreme court previously came to the same conclusion regarding voluntary statements made in custody in Kelley v. State, 486 So. 2d 578 (Fla.), cert. denied, 479 U.S. 870, 107 S.Ct. 244, 93 L.Ed.2d 169 (1986). Since the trial court found that defendant was not questioned while in the police car, but rather that his statements were spontaneous, “neither the letter nor spirit of Miranda has been violated.” Kelley, 486…
• Davis v. Zant, 36 F.3d 1538 (11th Cir. 1994)
  …Davis of murder and armed robbery on June 8, 1985. He was sentenced to death that same day. Davis appealed, and the Georgia Supreme Court affirmed the conviction and sentence. Davis v. State, 255 Ga. 598, 340 S.E. 2d 869 (Ga.1986), cert. denied, 479 U.S. 870, 107 S.Ct. 245, 93 L.Ed.2d 170 (1986). Davis petitioned for postconviction relief in the Superior Court for Butts County, Georgia, in December 1986. Evidentiary hearings were conducted on October 21, 1988, and November 21, 1988. The petition was…
• MAY v. Collins, 904 F.2d 228 (5th Cir. 1990)
  …e, 717 S.W. 2d 910, 920 (Tex.Crim.App.1986), cert. denied, 481 U.S. 1059, 107 S.Ct. 2202, 95 L.Ed.2d 857 (1987); Fierro v. State, 706 S.W. 2d 310, 318 (Tex.Crim.App.1986); Anderson v. State, 701 S.W. 2d 868, 873-74 (Tex.Crim.App.1985), cert. denied, 479 U.S. 870, 107 S.Ct. 239, 93 L.Ed.2d 163 (1986). However, as demonstrated by the Court’s rendering of Penry, application of the Texas sentencing statute can be unconstitutional. 109 S.Ct. at 2952. The fact that the Supreme Court reached an opposite conclusio…