OXFORD
v.
MISSOURI; ANTWINE V. MISSOURI; MAY V. COLLINS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION

U.S. | 1991-01-14
Nos. 90-6077; No. 90-6119; No. 90-6228
498 U.S. 1055 Supreme Court of the United States (1991) Positive Treatment
Cited by 4 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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  • Delo v. Lashley, 507 U.S. 272 (U.S. 1993)
    …e a “tactical decision” not to introduce supporting evidence that would have “opened the door to the introduction in evidence [*277] of a prior criminal record.” 890 F. 2d, at 722. Accord, May v. Collins, 904 F. 2d 228, 232 (CA5 1990), cert. denied, 498 U. S. 1055 (1991). In short, until the Court of Appeals’ decision in this case, it appears that lower courts consistently applied the principles established by Lockett and its progeny. Today we make explicit the clear implication of our precedents: Nothing in…
  • Callins v. Collins, 998 F.2d 269 (5th Cir. 1993)
    …at could have been, but was not, introduced in the sentencing phase, Lincecum v. Collins, 958 F. 2d 1271, 1282 (5th Cir.), cert. denied, — U.S.-, 113 S.Ct. 417, 121 L.Ed.2d 340 (1992); May v. Collins, 904 F. 2d 228, 232 (5th Cir.1990), cert. denied, 498 U.S. 1055, 111 S.Ct. 770, 112 L.Ed.2d 789 (1991), and we therefore do not consider Callins’s allegations relating to his troubled childhood and drug use.5 As for the evidence of Callins’s remorse toward, and consideration for, the murder victim, we note the…

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