KING
v.
LYNAUGH, DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS

U.S. | 1989-03-21
No. 88-6863 (A-759)
489 U.S. 1093 Supreme Court of the United States (1989) Positive Treatment
Cited by 2 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 the application for stay of execution and the petition for writ of certiorari and would vacate the death sentence in this case.

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  • United States v. Hinojosa, 958 F.2d 624 (5th Cir. 1992)
    …a trial by an impartial jury. The implementation of this guarantee is entrusted to the trial court. King v. Lynaugh, 850 F. 2d 1055, 1058 (5th Cir.1988) (en banc), cert. denied, 488 U.S. 1019, 109 S.Ct. 820, 102 L.Ed.2d 809 (1989), and cert. denied, 489 U.S. 1093, 109 S.Ct. 1563,103 L.Ed.2d 930 (1989). We grant broad discretion to the trial judge in making determinations of impartiality and will not interfere with such decisions absent a clear abuse of discretion. United States v. McCord, 695 F. 2d 823, 828…

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