FRANKLIN
v.
LYNAUGH, DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS

U.S. | 1987-10-09
No. 87-5546
484 U.S. 891 Supreme Court of the United States (1987) Positive Treatment
Cited by 3 cases

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  • Dugger v. Adams, 489 U.S. 401 (U.S. 1989)
    …ldwell claim either on direct review or in his first Rule 3.850 motion. See Daugherty v. State, 419 So. 2d 1067 (1982) (direct appeal), cert. denied, 459 U. S. 1228 (1983); Daugherty v. State, 505 So. 2d 1323 (first Rule 3.850 motion), cert. denied, 484 U. S. 891 (1987). Rather, in Daugherty, the court rested its rejection of the [*420] Caldwell claim solely on the ground that in Combs the court had “determined that Caldwell is inapplicable in Florida.” 533 So. 2d, at 288. Most recently, in Glock v. Dugger,…
  • Franklin v. Lynaugh, 487 U.S. 164 (U.S. 1988)
    …then sought review by this Court. We granted certiorari to determine if the trial court’s refusal to give the requested instructions violated petitioner’s Eighth Amendment [*171] right to present mitigating evidence at his capital sentencing trial, 484 U. S. 891 (1987), and now affirm the judgment below. Jurek v. Texas, 428 U. S. 262 (1976), expressly upheld the constitutionality of the manner in which mitigating evidence is considered under the “Special Issues” submitted to Texas capital juries. See id.,…
  • United States v. Ramos, 932 F.2d 611 (7th Cir. 1991)
    …05 F. 2d 210, 238 (7th Cir.1986), cert. denied, 483 U.S. 1023, 107 S.Ct. 3270, 97 L.Ed.2d 768 (1987); see also Greer, 483 U.S. at 764-65, 107 S.Ct. at 3108-09; Franklin v. Lynaugh, 823 F. 2d 98, 99 (5th Cir.), cert. granted in part on other grounds, 484 U.S. 891, 108 S.Ct. 221, 98 L.Ed.2d 180 (1987), aff'd, 487 U.S. 164, 108 S.Ct. 2320, 101 L.Ed.2d 155 (1988). . In light of our conclusion, we do not discuss the issue of harmless error. . The adjustment is supported primarily by concerns of relative respons…

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