BONIN
v.
CALIFORNIA

U.S. | 1989-03-20
No. 88-6341
with whom Justice Brennan joins,
489 U.S. 1091 Supreme Court of the United States (1989) Positive Treatment
Cited by 4 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 (1976) (Marshall, J., dissenting), I would grant the petition for certiorari and vacate the death sentence in this case. Even if I did not hold this view, I would grant the petition to resolve the question whether a trial court may instruct a penalty phase jury that, “[i]f you conclude that the aggravating circumstances outweigh the mitigating circumstances, you shall impose a sentence of death.” As I stated in Hamilton v. California, 488 U. S. 1047 (1989) (Marshall, J., dissenting from denial of certiorari), “I have grave doubts that such an instruction permits the individualized and reliable sentencing determination that the Constitution requires in capital cases, particularly where, as here, it is coupled with prosecutorial remarks stressing the limits on jurors’ discretion.” Ibid. I dissent.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Medina v. California, 505 U.S. 437 (U.S. 1992)
    …455 U. S. 927 (1982); State v. Aumann, 265 N. W. 2d 316, 319-320 (Iowa 1978); State v. Chapman, 104 N. M. 324, 327-328, 721 P. 2d 392, 395-396 [*448] (1986); Barber v. State, 757 S. W. 2d 359, 362-363 (Tex. Crim. App. 1988) (en banc), cert. denied, 489 U. S. 1091 (1989). Still other state courts have said that the burden rests with the prosecution. E, g., Diaz v. State, 508 A. 2d 861, 863-864 (Del. 1986); Commonwealth v. Crowley, 393 Mass. 393, 400-401, 471 N. E. 2d 353, 357-358 (1984); State v. Bertrand,…
  • United States v. Cates, 952 F.2d 149 (5th Cir. 1992)
    …ot raise the Rule 35 contention before the district court in his § 2255 motion. We will not consider for the first time on appeal an argument not presented to the district court. Earvin v. Lynaugh, 860 F. 2d 623, 627-28 (5th Cir.1988), cert. denied, 489 U.S. 1091, 109 S.Ct. 1558, 103 L.Ed.2d 861 (1989); United States v. Houston, 745 F. 2d 333, 334 (5th Cir.1984), cert. denied, 470 U.S. 1008, 105 S.Ct. 1369, 84 L.Ed.2d 388 (1985); Hall v. Maggio, 697 F. 2d 641, 643 (5th Cir.1983); United States v. McKnight, 6…
  • Holland v. Collins, 962 F.2d 417 (5th Cir. 1992)
    …g and attempting to commit bank robbery. The facts and earlier procedural history of the case are set forth in the comprehensive opinion of the Texas Court of Criminal Appeals. See Holland v. State, 761 S.W. 2d 307 (Tex.Crim.App.1988), cert. denied, 489 U.S. 1091, 109 S.Ct. 1560, 103 L.Ed.2d 863 (1989). Holland filed a state habeas petition with the court of criminal appeals, which denied all relief. See Ex parte Holland, No. 70,970 (Tex.Crim.App. Oct. 16, 1991). Holland filed his first federal habe-as petit…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw