EVANS
v.
MCCOTTER, DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS
EVANS
MCCOTTER, DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS
479 U.S. 1001
Supreme Court of the United States (1986)
Positive Treatment
Cited by 2 cases
Dissent
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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Citator
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Spaziano v. Singletary, 36 F.3d 1028 (11th Cir. 1994)…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…