MILLER
v.
HALL
MILLER
HALL
493 U.S. 1001
Supreme Court of the United States (1989)
Positive Treatment
Cited by 4 cases
Dissent
Justice Brennan, Justice Marshall, and Justice Stevens,
dissenting.
For the reasons expressed in Brown v. Herald Co., 464 U. S. 928 (1983), we would deny the petition for writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.
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Collins v. Youngblood, 497 U.S. 37 (U.S. 1990)…’” Lynaugh, supra, at 959 (quoting 170 U. S., at 352). It held that Youngblood’s right to a new trial under the Bogany decision was such a “substantial protection,” and therefore ordered that a writ of habeas corpus be issued. We granted certiorari. 493 U. S. 1001 (1989). Because respondent is before us on collateral review, we are faced with a threshold question whether the relief sought by Youngblood would constitute a “new rule,” which would not apply retroactively under our decisions in Teague v. Lane, 4…
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United States v. Frazier, 971 F.2d 1076 (4th Cir. 1992)…curiam) (“The fact that a more lenient sentence is imposed upon a contrite defendant does not establish a corollary that those who elect to stand trial are penalized.”), cert. denied, 490 U.S. 1112, 109 S.Ct. 3172, 104 L.Ed.2d 1033 and cert. denied, 493 U.S. 1001, 110 S.Ct. 560, 107 L.Ed.2d 555 (1989); see also cases cited supra note 6.10 For the reasons that follow, we find ourselves in agreement with those decisions that hold that the Fifth Amendment is not offended by presenting a defendant with the choic…
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United States v. Guajardo, 950 F.2d 203 (5th Cir. 1991)…ss because they prevent individualized sentencing by establishing mandatory sentences for offenses. See, e.g., United States v. White, 869 F. 2d 822, 825 (5th Cir.), cert. denied, 490 U.S. 1112, 109 S.Ct. 3172, 104 L.Ed.2d 1033 (1989), cert. denied, 493 U.S. 1001, 110 S.Ct. 560, 107 L.Ed.2d 555 (1989) (citation omitted) (noting that the Constitution does not require individualized sentences); United States v. Brady, 895 F. 2d 538, 539-44 (9th Cir.1990) (holding that sentencing guidelines do not violate subst…1 / 2
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- Turner v. Cnty. of Siskiyou, 464 U.S. 928 (U.S. 1983)