MCMURTREY
v.
ARIZONA; THOMAS V. DUGGER, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

U.S. | 1987-03-02
Nos. 86-6204; No. 86-6227
480 U.S. 911 Supreme Court of the United States (1987) Positive Treatment
Cited by 6 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.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Walton v. Arizona, 497 U.S. 639 (U.S. 1990)
    …81 (1988); State v. Moorman, 154 Ariz. 578, 587, 744 P. 2d 679, 688 (1987); State v. LaGrand, 153 Ariz. 21, 37, 734 P. 2d 563, 579, cert. denied, 484 U. S. 872 (1987); State v. McMurtrey, 151 Ariz. 105, 110, 726 P. 2d 202, 207 (1986), cert. denied, 480 U. S. 911 (1987). The State’s asserted interest in ensuring that only “reliable" evidence is considered at the final balancing stage of course provides no basis for a requirement that death be imposed whenever the mitigating evidence found to be reliable eve…
  • Adamson v. Ricketts, 865 F.2d 1011 (9th Cir. 1988)
    …death penalty, as whether a defendant has established a mitigating circumstance by a preponderance of the evidence, and has since applied this rule to the trial court. State v. McMurtrey, 143 Ariz. 71, 72, 691 P. 2d 1099, 1100 (1984), cert. denied, 480 U.S. 911, 107 S.Ct. 1359, 94 L.Ed.2d 530 (1984); State v. Rossi (II), 154 Ariz. 245, 246-47, 741 P. 2d 1223, 1224-25 (1987). The Court describes the process as: [T]he trial court acts first as the fact finder. It must consider whether the state has proven a…
  • Hopkinson v. Shillinger, 888 F.2d 1286 (10th Cir. 1989)
    …two circuits which have had occasion to address the appropriate standard for a Caldwell claim have reached different conclusions regarding the appropriate standard. In Tucker v. Kemp, 802 F. 2d 1293, 1295-96 (11th Cir.1986) (en banc), cert. denied, 480 U.S. 911, 107 S.Ct. 1359, 94 L.Ed.2d 529 (1987), the Eleventh Circuit used a fundamental fairness approach derived from the prejudice prong of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). It reviewed the challenged inciden…

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