FORTENBERRY
v.
ALABAMA; MORRISON V. ALABAMA; CARRERA V. CALIFORNIA

U.S. | 1990-04-23
Nos. 89-5222; No. 89-6431; No. 89-6765
495 U.S. 911 Supreme Court of the United States (1990) Positive Treatment
Cited by 6 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.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Fortenberry v. Haley, 297 F.3d 1213 (11th Cir. 2002)
    …nviction and sentence, and the United States Supreme Court denied Fortenberry’s petition for writ of certiorari. Fortenberry v. State, 545 So. 2d 129, 145 (Ala.Crim.App.1988); Ex parte Fortenberry, 545 So. 2d 145 (Ala.1989); Fortenberry v. Alabama, 495 U.S. 911, 110 S.Ct. 1937, 109 L.Ed.2d 300 (1990). Fortenberry filed a petition for post-conviction relief pursuant to Ala. R.Crim. P. Temp. 20, represented by the law firm that currently represents him in this appeal. In that petition, Fortenberry raised f…
  • United States v. Green, 983 F.2d 100 (8th Cir. 1992)
    …levant fact in judging the prejudicial effect of pretrial publicity); Swindler v. Lockhart, 885 F. 2d 1342, 1348 (8th Cir.1989) (passage of two years between the commission of the crime and the trial minimized the effect of publicity), cert. denied, 495 U.S. 911, 110 S.Ct. 1938, 109 L.Ed.2d 301 (1990); Perry, 871 F. 2d at 1390 (ten months); Simmons, 814 F. 2d at 510 (seven months). We have upheld a district court’s denial of a motion for a change of venue in cases where the defendant had produced evidence…
  • Logan v. A.L. Lockhart, 994 F.2d 1324 (8th Cir. 1993)
    …urse, afford this determination the presumption of [*1327] correctness due a state court’s factual findings. Swindler v. Lockhart, 885 F. 2d 1342, 1349 (8th Cir.1989) (citing Patton v. Yount, 467 U.S. at 1036-38, 104 S.Ct. at 2891-92), cert. denied, 495 U.S. 911, 110 S.Ct. 1938, 109 L.Ed.2d 301 (1990). The question for this court, then, is whether the state court’s conclusion that the juror would be impartial is fairly supported by the record. Id. (citing Patton v. Yount, 467 U.S. at 1038, 104 S.Ct. at 2892…

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