JONES
v.
BUTLER, WARDEN; JESTER V. OHIO; MORALES V. OHIO; SCHNEIDER V. MISSOURI; ZUERN V. OHIO
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The court reviews whether a defense counsel's decision not to introduce a tape recording, based on a belief of inadmissibility rather than a conflict of interest, constituted ineffective assistance of counsel.
The court held that the decision not to introduce the tape, even if it constituted a deficiency, did not meet the prejudice prong of ineffective assistance of counsel because the tape was cumulative and unlikely to have changed the verdict.
Defense counsel chose not to introduce a taped conversation of an accomplice, believing it was inadmissible, not due to a conflict of interest regardi…
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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 eases.
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Lewis v. Fed. Prison Indus., Inc., 953 F.2d 1277 (11th Cir. 1992)…3d Cir.1985), cert. denied, 474 U.S. 1057, 106 S.Ct. 796, 88 L.Ed.2d 773 (1986); Fite v. First Tennessee Prod. Credit Ass'n, 861 F. 2d 884, 893 (6th Cir.1988); Cassino v. Reichhold Chemicals, Inc., 817 F. 2d 1338, 1347 (9th Cir.1987), cert. denied, 484 U.S. 1047, 108 S.Ct. 785, 98 L.Ed.2d 870 (1988). Although these circuits are correct in their assessment that front pay is a legal remedy, it is not the kind of limited legal relief permissible under the ADEA. See infra notes 12 and 14. . Section 626(b) pro…
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Duke v. Uniroyal Inc., 928 F.2d 1413 (4th Cir. 1991)…1985), cert. denied, 474 U.S. 1057, 106 S.Ct. [*1422] 796, 88 L.Ed.2d 773 (1986); Fite v. First Tennessee Prod. Credit Ass’n, 861 F. 2d 884, 893 (6th Cir.1988); Cassino v. Reichhold Chemicals, Inc., 817 F. 2d 1338, 1347 (9th Cir.1987), cert. denied, 484 U.S. 1047, 108 S.Ct. 785, 98 L.Ed.2d 870 (1988). On the other hand, the First, Second, Eighth, and Eleventh Circuits have expressly adopted the position that front pay is an equitable remedy, the amount of which should be left for the court to decide. See Wil…
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Merrick v. Farmers Ins. Grp., 892 F.2d 1434 (9th Cir. 1990)…a “but for” analysis to title VII retaliatory discharge); Cassino v. Reichhold Chemls., Inc., 817 F. 2d 1338, 1343-44 (9th Cir.1987) (requiring either a “determining factor” or “but for” instruction for ADEA age discrimination claim), cert. denied, 484 U.S. 1047, 108 S.Ct. 785, 98 L.Ed.2d 870 (1988); Powell, 788 F. 2d at 282 (affirming a “determinative factor” analysis); Mitchell, 752 F. 2d at 391 (same). [*1442] 2. Merrick’s Proposed Instruction Relating to Disparate Punishment Merrick also appeals the di…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gregg v. Georgia, 428 U.S. 153 (U.S. 1976)