TRAVAGLIA
v.
PENNSYLVANIA; RICE V. WASHINGTON; DAWSON V. MONTANA; BEATY V. ARIZONA; YARRIS V. PENNSYLVANIA; THOMAS V. ALABAMA; HERNANDEZ V. CALIFORNIA; HOKE V. VIRGINIA; WEBB V. TEXAS; CARUTHERS V. TENNESSEE; WAYE V. TOWNLEY, WARDEN

U.S. | 1989-06-19
Nos. 88-5024; No. 88-5685; No. 88-6006; No. 88-6154; No. 88-6468; No. 88-7073; No. 88-7120; No. 88-7132; No. 88-7135; No. 88-7136; No. 88-7201
491 U.S. 910 Supreme Court of the United States (1989) Caution
Cited by 12 cases

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Synopsis

The court affirmed the conviction for attempted trafficking in cocaine and the probation revocation, holding that the facts in the affidavit established probable cause for the search warrant.


Holding

The court held that the affidavit established probable cause for the search warrant because the informant's statement against his penal interest provided sufficient indicia of reliability.


Facts & Procedural History

An informant, arrested for cocaine sale, identified the defendant Juan Hernandez as his source and stated Hernandez still had cocaine at his house. A …

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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.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (12 total)

  • State v. Setzler, 667 So. 2d 343 (Fla. 1st DCA 1995)
    …d 288 (1983); [*349] State v. Haron, 220 N.W. 2d 829 (S.D.1974); Allison v. State, 62 Wis.2d 14, 214 N.W. 2d 437, cert. denied, 419 U.S. 1071, 95 S.Ct. 659, 42 L.Ed.2d 667 (1974). See Webb v. State, 760 S.W. 2d 263 (Tex.Crim.App.1988), cert. denied, 491 U.S. 910, 109 S.Ct. 3202, 105 L.Ed.2d 709 (1989). The order granting the motions to suppress is reversed and the case is remanded for further proceedings. MICKLE, J., concurs. WEBSTER, J., concurs in result only.…
  • Bergelson v. State, 581 So. 2d 918 (Fla. 4th DCA 1991)
    …038, 97 S.Ct. 732, 50 L.Ed.2d 748 (1977); United States v. Jones, 534 F. 2d 1344 (9th Cir.), cert. denied, 429 U.S. 840, 97 S.Ct. 114, 50 L.Ed.2d 108 (1976); People v. Hernandez, 47 Cal.3d 315, 763 P. 2d 1289, 253 Cal.Rptr. 199 (Cal.), cert. denied, 491 U.S. 910, 109 S.Ct. 3201, 105 L.Ed.2d 709 (1989); Baker v. State, 150 Fla. 446, 7 So. 2d 792 (Fla.1942); Meaney v. State, 629 S.W. 2d 587 (Mo.App.1982). [*920] The trial judge in this case, from our view, did an admirable job in presiding over this lengthy t…
  • Walton v. Arizona, 497 U.S. 639 (U.S. 1990)
    …The Arizona Supreme Court consistently has held that “[t]hese terms are considered disjunctive; the presence of any one of three factors is an aggravating circumstance.” State v. Beaty, 158 Ariz. 232, 242, 762 P. 2d 519, 529 (1988), cert. denied, 491 U. S. 910 (1989). At the sentencing phase in the present case, the State relied primarily on medical evidence detailing the injuries that the victim Powell suffered when he regained consciousness after the [*691] shooting.13 The trial judge’s sentencing ord…
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