STRINGER
v.
MISSISSIPPI; EVANS V. MCCOTTER, DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS; JEFFERSON V. ALABAMA; NUCKOLS V. OKLAHOMA ET AL.; JEFFRIES V. WASHINGTON; HOGUE V. TEXAS; DRISCOLL V. MISSOURI

U.S. | 1986-10-20
Nos. 85-7013; No. 86-5192; No. 86-5297; No. 86-5362; No. 86-5369; No. 86-5381; No. 86-5452
479 U.S. 922 Supreme Court of the United States (1986) Positive Treatment
Cited by 14 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.

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  • Dunkins v. Thigpen, 854 F.2d 394 (11th Cir. 1988)
    …rights have been waived. Moran v. Burbine, 475 U.S. 412, 106 S.Ct. 1135, 1141, 89 L.Ed.2d 410 (1986); see Colorado v. Spring, 479 U.S. 564, 107 S.Ct. 851, 857, 93 L.Ed.2d 954 (1987); Evans v. McCotter, 790 F. 2d 1232, 1238 (5th Cir.), cert. denied, 479 U.S. 922, 107 S.Ct. 327, 93 L.Ed.2d 300 (1986); United States v. McClure, 786 F. 2d 1286, 1288-90 (5th Cir.1986). Thus “a valid waiver of Miranda rights must not only be voluntary; it must [*399] also be intelligently made.” Miller v. Dugger, 838 F. 2d 1530,…
  • Kelly v. Lynaugh, 862 F.2d 1126 (5th Cir. 1988)
    …warnings were administered twice and written warnings once.5 Even had no written warning been given, it would be difficult to conclude that Kelly had forgotten his Miranda rights. See Evans v. McCotter, 790 F. 2d 1232, 1238 (5th Cir.), cert. denied, 479 U.S. 922, 107 S.Ct. 327, 93 L.Ed.2d 300 (1986); see also Stumes v. Solem, 752 F. 2d 317, 321 (8th Cir.) (finding that failure to give Miranda warnings before second interview did not establish Mosley violation), cert. denied, 471 U.S. 1067, 105 S.Ct. 2145, 8…
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  • Stringer v. Jackson, 862 F.2d 1108 (5th Cir. 1988)
    …454 So. 2d 468 (Miss.1984), cert. denied, 469 U.S. 1230, 105 S.Ct. 1231, 84 L.Ed.2d 368 (1985). Subsequently that court denied Stringer’s motions to vacate or set aside judgment and sentence. Stringer v. State, 485 So. 2d 274 (Miss.), cert. denied, 479 U.S. 922, 107 S.Ct. 327, 93 L.Ed.2d 300 (1986). In response to the habeas corpus petition the federal district court stayed execution on January 12,1987, held an evidentiary hearing on the issue of effective assistance of counsel, and then denied relief. Str…

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