MATTSON
v.
CALIFORNIA; LOTT V. OHIO

U.S. | 1990-12-10
Nos. 90-5941; No. 90-6041
498 U.S. 1017 Supreme Court of the United States (1990) Positive Treatment
Cited by 2 cases
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 certiorari and vacate the death sentences in these cases.

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  • United States v. Castro, 89 F.3d 1443 (11th Cir. 1996)
    …otection. In United States v. Martinez, the Third Circuit found that the mail fraud statute protected the Commonwealth of Pennsylvania from deprivation of its property interests. United States v. Martinez, 905 F. 2d 709, 715 (3d Cir.), cert. denied, 498 U.S. 1017, 111 S.Ct. 591, 112 L.Ed.2d 595 (1990). Indeed, other cases decided based upon section 1341 violations, prior to the clarifying amendment of section 1346, support our finding that the mail fraud statute does protect governmental entities such as a…
  • United States v. Paradies, 98 F.3d 1266 (11th Cir. 1996)
    …ymer, 55 F. 3d at 568 with Brumley, 79 F. 3d at 1441; see also United States v. Bryan, 58 F. 3d 933 (4th Cir.1995) (finding that Congress intended that § 1346 overrule McNally)-, United States v. Martinez, 905 F. 2d 709, 715 (3d Cir.), cert. denied, 498 U.S. 1017, 111 S.Ct. 591, 112 L.Ed.2d 595 (1990) (observing that “Congress’ purpose in enacting § 1346 was to restore the mail fraud statute to its pre-McNally position”). Therefore, we reject the defendants’ reliance on Brumley because this court has alread…

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