LEE
v.
GEORGIA

U.S. | 1988-10-03
No. 87-7199
Justice Brennan joins, dissenting.
488 U.S. 879 Supreme Court of the United States (1988) Positive Treatment
Cited by 5 cases
Dissent
Justice Marshall,

Justice Marshall,

with whom

Justice Brennan joins, dissenting.

Adhering to my view 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, 231-241 (1976) (Marshall, J., dissenting), I would grant the petition for writ of certiorari.

Even if I did not hold this view, I would grant the petition to establish clearly the minimal due process requirements for state change of venue standards. As I recently argued in Brecheen v. Oklahoma, 485 U. S. 909 (1988) (Marshall, J., dissenting from denial of certiorari), and Hale v. Oklahoma, ante, p. 878 (MARSHALL, J., dissenting from denial of certiorari), a defendant’s interest in a fundamentally fair trial outweighs the State’s interest in holding that trial in a particular district. It is time that this Court consider the constitutional limits on change of venue standards and assist state efforts to ensure jury impartiality. I would grant certiorari.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • O'Brien v. Consol. Rail Corp., 972 F.2d 1 (1st Cir. 1992)
    …tance in construing [the RLA].” [*4] McCall v. Chesapeake & Ohio Ry. Co., 844 F. 2d 294, 299 (6th Cir.) (quoting Brotherhood of R.R. Trainmen v. Jacksonville Terminal Co., 394 U.S. 369, 383, 89 S.Ct. 1109, 1118, 22 L.Ed.2d 344 (1969)), cert. denied, 488 U.S. 879, 109 S.Ct. 196, 102 L.Ed.2d 166 (1988). In Jackson, an employee challenged drug testing by his employer under Massachusetts’ privacy laws. Jackson, 863 F. 2d at 113. The employer contended that the employee’s Massachusetts causes of action were bar…
  • Davies v. Am. Airlines, Inc., 971 F.2d 463 (10th Cir. 1992)
    …cert. denied, 492 U.S. 927, 109 S.Ct. 3265, 106 L.Ed.2d 610 (1989); Beard v. Carrollton R.R., 893 F. 2d 117, 122 (6th Cir.1989) (same); McCall v. Chesapeake & Ohio Ry., 844 F. 2d 294, 304 (6th Cir.) (Or [*467] der on Rehearing) (same), cert. denied, 488 U.S. 879, 109 S.Ct. 196, 102 L.Ed.2d 166 (1988); Leu v. Norfolk & W.Ry., 820 F. 2d 825, 830 (7th Cir.1987) (The “reasoning [of a pre-Lingle LMRA case] is equally applicable to the determination of whether a claim couched in terms of a state tort law actually…
  • Crawford v. Georgia, 489 U.S. 1040 (U.S. 1989)
    …knew of his prior death sentence. In the absence of guidance from this Court, the States continue to take divergent paths. It is time we addressed the minimal due process requirements for state change of venue standards. See, e. g., Lee v. Georgia, 488 U. S. 879 (1988) (Marshall, J., dissenting from denial of certiorari); Hale v. Oklahoma, 488 U. S. 878 (1988) (Marshall, J., dissenting from denial of certiorari). I would grant the petition.…

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