EVANS
v.
MCCOTTER, DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS

U.S. | 1986-12-03
No. A-426
Justice Blackmun and Justice Stevens would grant the application.
479 U.S. 1001 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. 158, 227, 281 (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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    …terpreted in Lockett. “Trial judges are presumed to know the law and to apply it in making their decisions.” Walton v. Arizona, 497 U.S. 639, 653, 110 S.Ct. 3047, 3057, 111 L.Ed.2d 511 (1990). Harvard v. State, 486 So. 2d 537 (Fla.), cert. denied, 479 U.S. 1001, 107 S.Ct. 614, 93 L.Ed.2d 611 (1986), involved resentencing of another capital defendant following a Gardner remand. Judge McGregor, who would later resentenee Spaziano, was also the re-sentencing judge in the Harvard case. The Florida Supreme Cour…

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