SHAW
v.
ARMONTROUT, WARDEN

U.S. | 1990-05-01
No. A-760
Justice Blackmun and Justice Stevens would grant the application., with whom Justice Marshall joins,
495 U.S. 924 Supreme Court of the United States (1990) Positive Treatment
Cited by 5 cases
Dissent
Justice Brennan,

Justice Brennan,

with whom Justice Marshall joins,

dissenting.

Adhering to my view 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 (1976) (Brennan, J., dissenting), I would grant the application for a stay. I believe that the procedural posture of this case makes a stay particularly appropriate. The Court of Appeals for the Eighth Circuit affirmed the District Court’s denial of Robert Shaw’s first federal habeas petition on March 28, 1990, and the mandate of the court issued on April 19. The very next day, the Missouri Supreme Court ordered that Shaw be executed on May 2, well before expiration of the time period during which Shaw may file a petition for writ of certiorari in this Court. Shaw then filed with the Eighth Circuit a motion to recall issuance of mandate and application for a stay of execution; the court denied both on April 30, two days prior to his scheduled execution. I believe it inappropriate to deny Shaw’s application for a stay before he has a fair opportunity to file a petition for writ of certiorari in this Court.

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  • U.S. Anchor MFG., Inc. v. Rule Indus., Inc., 7 F.3d 986 (11th Cir. 1993)
    …h Cir.1991). The elements of a conspiracy to restrain trade under Section 1 are (1) an agreement to enter a conspiracy (2) designed to achieve an unlawful objective. Bolt v. Halifax Hosp. Medical Ctr., 891 F. 2d 810, 820 (11th Cir.), cert. denied, 495 U.S. 924, 110 S.Ct. 1960, 109 L.Ed.2d 322 (1990), appeal after remand, 980 F. 2d 1381 (11th Cir.1993). The plaintiff must also prove (3) “actual unlawful effects [or] facts which radiate a potential for future harm” to competition. Times-Picayune Publishin…
  • Scott D. Levine, M.D. v. Cent. Fla. Med. Affiliates, Inc., 72 F.3d 1538 (11th Cir. 1996)
    …0 U.S. 322, 111 S.Ct. 1842, 114 L.Ed.2d 366 (1991), Boczar v. Manatee Hosp. & Health Sys., Inc., 993 F. 2d 1514 (11th Cir.), reh’g denied, 11 F. 3d 169 (11th Cir.1993), and Bolt v. Halifax Hosp. Medical Ctr., 891 F. 2d 810 (11th Cir.), cert. denied, 495 U.S. 924, 110 S.Ct. 1960, 109 L.Ed.2d 322 (1990). None of those decisions supports Dr. Levine’s position. The sole issue to be decided in Pinhas was whether a hospital’s exclusion of a physician from its medical staff could satisfy the “effect on interstat…
  • Bolt v. Halifax Hosp. Med. Ctr., 980 F.2d 1381 (11th Cir. 1993)
    …pality immune from antitrust liability under the Supreme Court’s opinion in Town of Hallie v. City of Eau Claire, 471 U.S. 34, 105 S.Ct. 1713, 85 L.Ed.2d 24 (1985). See Bolt v. Halifax Hosp. Medical Center, 891 F. 2d 810 (11th Cir.), cert. denied, 495 U.S. 924, 110 S.Ct. 1960, 109 L.Ed.2d 322 (1990). (Bolt III). - In Bolt III, this court rejected HHMC’s “state agency” argument holding that HHMC was not a state agency acting as a sovereign. Bolt III, 891 F. 2d at 823-24. We did find, however, that the powe…
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