EVANS
v.
CABANA, ACTING COMMISSIONER, MISSISSIPPI DEPARTMENT OF CORRECTIONS

U.S. | 1987-07-07
No. 87-5070
Justice O’Connor took no part in the consideration or decision of this petition.
483 U.S. 1035 Supreme Court of the United States (1987) Positive Treatment
Cited by 3 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 sentence in this ease.

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  • United States v. Nolasco, 926 F.2d 869 (9th Cir. 1991)
    …v. Olmstead, 832 F. 2d 642, 644-46 (1st Cir.1987), cert. denied, 486 U.S. 1009, 108 S.Ct. 1739, 100 L.Ed.2d 202 (1988); United States v. Ivic, 700 F. 2d 51, 68-69 (2d Cir.1983); Thompson v. Ly-naugh, 821 F. 2d 1054, 1060-61 (5th Cir.), cert. denied, 483 U.S. 1035, 108 S.Ct. 5, 97 L.Ed.2d 794 (1987); Whiteside v. Parke, 705 F. 2d 869, 871-73 (6th Cir.), cert. denied, 464 U.S. 843, 104 S.Ct. 141, 78 L.Ed.2d 133 (1983). Two additional circuit courts leave the decision to define with the trial court, but strong…
  • Paster v. Lynaugh, 876 F.2d 1184 (5th Cir. 1989)
    …d.2d 783 (1982). Without reaching the issue of prejudice, we find that Paster has failed to make the required showing of “good cause” for his noncompliance with state procedures. In Thompson v. Lynaugh, 821 F. 2d 1080, 1082 (5th Cir.), cert. denied, 483 U.S. 1035, 108 S.Ct. 5, 97 L.Ed.2d 794 (1987), we held that the Supreme Court’s decision in Booth did not create a sufficiently novel issue to excuse noncompliance with state procedures.5 We are thus bound by our earlier precedent and affirm the district cour…
  • United States v. Anderson, 987 F.2d 251 (5th Cir. 1993)
    …431 U.S. 145, 154, 97 S.Ct. 1730, 1737, 52 L.Ed.2d 203 (1977) (quoting Cupp v. Naughten, 414 U.S. 141, 146-47, 94 S.Ct. 396, 400, 38 L.Ed.2d 368 (1973)) (citation omitted); see also Thompson v. Lynaugh, 821 F. 2d 1054, 1060 (5th Cir.), cert. denied, 483 U.S. 1035, 108 S.Ct. 5, 97 L.Ed.2d 794 (1987).18 Although Henderson involved a habeas petition brought by a state prisoner, see id. 431 U.S. at 151, 97 S.Ct. at 1735, the Supreme Court has extended Henderson to habeas petitions brought by federal prisoners. S…

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