RUSSELL
v.
COLLINS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; TREVINO V. TEXAS; LEWIS V. OHIO; SMITH V. ARIZONA; LAMBRIGHT V. ARIZONA

U.S. | 1994-03-07
Nos. 93-7039; No. 93-7230; No. 93-7322; No. 93-7386; No. 93-7682
510 U.S. 1185 Supreme Court of the United States (1994) Positive Treatment
Cited by 1 case
Dissent
Justice Blackmun,

Justice Blackmun,

dissenting.

Adhering to my view that the death penalty cannot be imposed fairly within the constraints of our Constitution, see my dissent in Callins v. Collins, ante, p. 1143, I would grant certiorari and vacate the death sentences in these cases.

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  • DAY v. McDonough, 547 U.S. 198 (U.S. 2006)
    …e is, therefore, no support for the notion that the traditional equitable discretion that governed habeas proceedings permitted the dismissal of habeas petitions on the sole ground of untimeliness. Whether or not it should have, see Collins v. Byrd, 510 U. S. 1185, 1186-1187 (1994) (SCALIA, J., dissenting), it did not. The Court’s reliance on pre-existing equitable doctrines like procedural default and nonretroactivity is, therefore, utterly misplaced. Nothing in our tradition of refusing to dismiss habeas pe…

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