MCDOWELL
v.
CALIFORNIA; PURTELL V. TEXAS; NEVIUS V. SUMNER, DIRECTOR, NEVADA DEPARTMENT OF PRISONS, ET AL.

U.S. | 1989-05-01
Nos. 88-6588; No. 88-6650; No. 88-6716
490 U.S. 1059 Supreme Court of the United States (1989) Positive Treatment
Cited by 4 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 certiorari and vacate the death sentences in these cases.

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  • Andrews v. Deland, 943 F.2d 1162 (10th Cir. 1991)
    …whether "the purposes of the peremptory challenge are being perverted." Id. at 1496 (quoting Swain v. Alabama, 380 U.S. at 224, 85 S.Ct. at 838); see also Nevius v. Sumner, 852 F. 2d 463, 467-68 (9th Cir.1988) (following Weathersby), cert. denied, 490 U.S. 1059, 109 S.Ct. 1972, 104 L.Ed.2d 441 (1989); Garrett v. Morris, 815 F. 2d 509, 511 (8th Cir.1987) ("Although the Supreme Court [in Swain] declined to require an inquiry into a prosecutor's decision to remove blacks from a particular jury, we believe tha…
  • Savage v. Estelle, 908 F.2d 508 (9th Cir. 1990)
  • Tamayo-Reyes v. J.C. Keeney, 926 F.2d 1492 (9th Cir. 1991)
    …al Issues2 Our initial inquiry is whether Reyes’s allegations, if proved, would establish the right to habeas corpus relief. See Townsend, 372 U.S. at 307, 83 S.Ct. at 754; see also Nevius v. Sumner, 852 F. 2d 463, 466 (9th Cir.1988), cert. denied, 490 U.S. 1059, 109 S.Ct. 1972, 104 L.Ed.2d 441 (1989). We are persuaded that Reyes makes the necessary allegations. North Carolina v. Alford, 400 U.S. 25, 31, 91 S.Ct. 160, 164, 27 L.Ed.2d 162 (1970), holds that the validity of a guilty or nolo contendere plea d…

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