CLARKE
v.
WEST VIRGINIA BOARD OF REGENTS ET AL.

U.S. | 1990-06-28
No. 89-7401
497 U.S. 1023 Supreme Court of the United States (1990) Positive Treatment
Cited by 5 cases

Dissent
Justice Brennan, Justice Marshall, Justice Blackmun, and Justice Stevens,

Justice Brennan, Justice Marshall, Justice Blackmun, 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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  • Salve Regina Coll. v. Russell, 499 U.S. 225 (U.S. 1991)
    …s subject to plenary review by the appellate court. See Craig v. Lake Asbestos of Quebec, Ltd., 843 F. 2d 145, 148 (CA3 1988), and In re McLinn, 739 F. 2d 1395 (CA9 1984) (en banc, with a divided vote). We granted certiorari to resolve the conflict. 497 U. S. 1023 (1990). II We conclude that a court of appeals should review de novo a district court’s determination of state law. As a general matter, of course, the courts of appeals are vested with plenary appellate authority over final decisions of district…
  • Burns v. United States, 501 U.S. 129 (U.S. 1991)
    …3 F. 2d 1343, 1348 (1990). By contrast, several other Rule 32 does require a district court to provide notice of its intent sua sponte to depart upward from an applicable Guidelines sentencing range.1 We granted certiorari to resolve this conflict. 497 U. S. 1023 (1990). We now reverse. b — ( l-H . A The Sentencing Reform Act of 1984 revolutionized the manner in which district courts sentence persons convicted of federal crimes. See generally Mistretta v. United States, 488 U. S. 361, 363-367 (1989). Befo…
  • Parker v. Dugger, 498 U.S. 308 (U.S. 1991)
    …s that outweigh the aggravating circumstances [*313] in . . . the second count (Sheppard murder).’ (emphasis added).” Id., at 1475. The Court of Appeals found no constitutional error in Parker’s' convictions or death sentence. We granted certiorari, 497 U. S. 1023 (1990), and now reverse the judgment of the Court of Appeals and remand for further proceedings. II Parker presents several related challenges to his death sentence. The crux of his contentions is that the Florida courts acted in an arbitrary and…

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