COLEMAN
v.
SAFFLE, WARDEN

U.S. | 1990-09-09
No. 90-5669 (A-191)
497 U.S. 1053 Supreme Court of the United States (1990) Positive Treatment
Cited by 1 case
Dissent
Justice Marshall,

Justice Marshall,

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, 231 (1976), I would grant the application for stay of execution and the petition for writ of certiorari and would vacate the death sentence in this case.

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  • Herta Spitzweiser-Wittgenstein v. Newton, 978 F.2d 1195 (10th Cir. 1992)
    …esumption of correctness established in § 2254. See Lafferty v. Cook, 949 F. 2d 1546, 1549 (10th Cir.1991), cert. denied, — U.S. —, 112 S.Ct. 1942, 118 L.Ed.2d 548 (1992); see, e.g., Coleman v. Saffle, 912 F. 2d 1217, 1227 (10th Cir.), cert. denied, 497 U.S. 1053, 111 S.Ct. 22, 111 L.Ed.2d 834 (1990). Petitioner argues, however, that application of the presumption is improper here because material evidence was not adequately developed in the state courts. See § 2254(d)(3); see, e.g., Valenzuela v. Griffin,…

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