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Criminal - Homicide [with other major felonies]
No. 82-1554
104 S. Ct. 2052 (1984) | Cited 91151 times
... JUSTICE O'CONNOR delivered the opinion of the Court. This case requires us to consider the proper standards for judging a criminal defendant's contention that the Constitution requires a conviction or death sentence to be set aside because counsel's assistance at the trial or sentencing was ...
No. 78-5283
99 S. Ct. 2781 (1979) | Cited 46616 times
... MR. JUSTICE STEWART delivered the opinion of the Court. The Constitution prohibits the criminal conviction of any person except upon proof of guilt beyond a reasonable doubt. In re Winship, 397 U.S. 358. The question in this case is what standard is to be applied in a federal habeas corpus ...
No. 98-8384
120 S.Ct. 1495 (2000) | Cited 25278 times
... Opinion of the Court WILLIAMS v. TAYLOR On Writ Of Certiorari To The United States Court Of Appeals For The Fourth Circuit Justice Stevens announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, III, and IV, and an opinion with respect to Parts II and ...
No. 89-15940
951 F.2d 1153 (1991) | Cited 23979 times
... REINHARDT, Circuit Judge: In 1983, Gilbert Martinez was tried in state court and convicted of numerous pizza parlor robberies. During the pretrial proceedings, the prosecution indicated that, should the defendant testify, it would seek to introduce as impeachment evidence the defendant's two prior ...
No. 490
83 S. Ct. 1194 (1963) | Cited 22644 times
... Opinion of the Court by MR. JUSTICE DOUGLAS, announced by MR. JUSTICE BRENNAN. Petitioner and a companion, Boblit, were found guilty of murder in the first degree and were sentenced to death, their convictions being affirmed by the Court of Appeals of Maryland. 220 Md. 454, 154 A. 2d 434. Their ...
No. 89-7662
111 S. Ct. 2546 (1991) | Cited 16796 times
... JUSTICE O'CONNOR delivered the opinion of the Court. This is a case about federalism. It concerns the respect that federal courts owe the States and the States' procedural rules when reviewing the claims of state prisoners in federal habeas corpus. I A Buchanan County, Virginia, jury convicted ...
No. 82-6080
103 S. Ct. 3383 (1983) | Cited 8066 times
... JUSTICE WHITE delivered the opinion of the Court. We have two questions before us in this case: whether the District Court erred on the merits in rejecting the petition for habeas corpus filed by petitioner, and whether the Court of Appeals for the Fifth Circuit correctly denied a stay of ...
No. 03-9627
125 S.Ct. 1807 (2005) | Cited 7911 times
... 544 U. S. ____ (2005) The federal Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) establishes a 1-year statute of limitations for filing a federal habeas corpus petition. 28 U. S. C. §2244(d)(1). That limitations period is tolled, however, while "a properly filed application for ...
No. 74-5435.
96 S. Ct. 984 (1976) | Cited 7131 times
... MR. JUSTICE POWELL delivered the opinion of the Court. The question presented in this case is whether a state prosecuting attorney who acted within the scope of his duties in initiating and pursuing a criminal prosecution is amenable to suit under 42 U.S.C. § 1983 for alleged deprivations of the ...
No. 03-9046
125 S.Ct. 1528 (2005) | Cited 6891 times
... 544 U. S. ____ (2005) We confront here the problem of a "mixed" petition for habeas corpus relief in which a state prisoner presents a federal court with a single petition containing some claims that have been exhausted in the state courts and some that have not. More precisely, we consider ...
No. 14
91 S. Ct. 160 (1970) | Cited 6539 times
... MR. JUSTICE WHITE delivered the opinion of the Court. On December 2, 1963, Alford was indicted for first-degree murder, a capital offense under North Carolina      law. 1 The court appointed an attorney to represent him, and this attorney questioned all but one of the various witnesses who ...
No. 74-6257
96 S. Ct. 2909 (1976) | Cited 6207 times
... Judgment of the Court, and opinion of MR. JUSTICE STEWART, MR. JUSTICE POWELL, and MR. JUSTICE STEVENS, announced by MR. JUSTICE STEWART. The issue in this case is whether the imposition of the sentence of death for the crime of murder under the law of Georgia violates the Eighth and Fourteenth ...
No. 155
83 S. Ct. 792 (1963) | Cited 5345 times
... MR. JUSTICE BLACK delivered the opinion of the Court. Petitioner was charged in a Florida state court with having broken and entered a poolroom with intent to commit a misdemeanor. This offense is a felony under      Florida law. Appearing in court without funds and without a lawyer, petitioner ...
No. 02-311
539 U.S. 510 (2003) | Cited 4945 times
... Petitioner, Kevin Wiggins, argues that his attorneys' failure to investigate his background and present mitigating evidence of his unfortunate life history at his capital sentencing proceedings violated his Sixth Amendment right to counsel. In this case, we consider whether the United States Court ...
No. 153
90 S. Ct. 1441 (1970) | Cited 4927 times
... MR. JUSTICE WHITE delivered the opinion of the Court. The petition for certiorari, which we granted, 396 U.S. 813 (1969), seeks reversal of three separate judgments of the Court of Appeals for the Second Circuit ordering hearings on petitions for habeas corpus filed by the respondents in this ...
No. 05-1575
127 S.Ct. 1933 (2007) | Cited 4904 times
... 550 U. S. ____ (2007) In cases where an applicant for federal habeas relief is not barred from obtaining an evidentiary hearing by 28 U. S. C. §2254(e)(2), the decision to grant such a hearing rests in the discretion of the district court. Here, the District Court determined that respondent could ...
No. 84-1279
106 S. Ct. 1431 (1986) | Cited 4578 times
... JUSTICE REHNQUIST delivered the opinion of the Court. Respondent Robert Van Arsdall was convicted of murder in a Delaware trial court. The Supreme Court of Delaware reversed his conviction on the ground that the trial court, by improperly restricting defense counsel's cross-examination designed to ...
No. 72-1570
94 S. Ct. 1868 (1974) | Cited 4454 times
... MR. JUSTICE REHNQUIST delivered the opinion of the Court. Respondent was tried before a jury in Massachusetts Superior Court and convicted of first-degree murder. 1 The jury recommended that the death penalty not be imposed, and respondent was sentenced to life imprisonment. He appealed to the ...
No. 90-68
111 S. Ct. 2590 (1991) | Cited 4433 times
... JUSTICE SCALIA delivered the opinion of the Court. In this case we decide whether the unexplained denial of a petition for habeas corpus by a state court lifts a state procedural bar imposed on direct appeal, so that a state prisoner may then have his claim heard on the merits in a federal habeas ...
No. 85-5319
106 S. Ct. 2464 (1986) | Cited 4315 times
... JUSTICE POWELL delivered the opinion of the Court. This case presents three questions concerning the validity of petitioner's criminal conviction and death sentence: (i) whether the exclusion for cause of a member of the venire violated the principles announced in Wainwright v. Witt, 469 U.S. 412 ...
No. 93-7927
514 U.S. 419 (1995) | Cited 4177 times
... On Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit. After his first trial in 1984 ended in a hung jury, petitioner Curtis Lee Kyles was tried again, convicted of first-degree murder, and sentenced to death. On habeas review, we follow the established rule that the ...
No. 01-1559
123 S.Ct. 1690 (2003) | Cited 4047 times
... Argued February 25, 2003 Petitioner, Joseph Massaro, was indicted on federal racketeering charges, including murder in aid of racketeering, 18 U. S. C. §1962(d), in connection with the shooting death of Joseph Fiorito. He was tried in the United States District Court for the Southern District of ...
No. 02-137
123 S.Ct. 357 (2002) | Cited 3928 times
... 537 U. S. ____ (2002) The United States Court of Appeals for the Ninth Circuit affirmed the grant of habeas relief to respondent John Visciotti after concluding that he had been prejudiced by ineffective assistance of counsel at trial. 288 F. 3d 1097 (2002). Because this decision exceeds the ...
No. 85-2099
107 S. Ct. 1990 (1987) | Cited 3827 times
... CHIEF JUSTICE REHNQUIST delivered the opinion of the Court. In 1975 respondent was convicted of second-degree murder by the Court of Common Pleas of Philadelphia County. She was sentenced to life imprisonment. Her appointed trial attorney appealed the conviction to the Supreme Court of ...
No. 78-1832
100 S. Ct. 1708 (1980) | Cited 3738 times
... MR. JUSTICE POWELL delivered the opinion of the Court. The question presented is whether a state prisoner may obtain a federal writ of habeas corpus by showing that his retained defense counsel represented potentially conflicting interests. I Respondent John Sullivan was indicted with Gregory ...
No. 8
83 S. Ct. 745 (1963) | Cited 3737 times
... MR. CHIEF JUSTICE WARREN delivered the opinion of the Court. This case, in its present posture raising questions as to the right to a plenary hearing in federal habeas corpus, comes to us once again after a tangle of prior proceedings. In 1955 the petitioner, Charles Townsend, was tried before a ...
No. 89-7024
111 S. Ct. 1454 (1991) | Cited 3729 times
... The doctrine of abuse of the writ defines the circumstances in which federal courts decline to entertain a claim presented for the first time in a second or subsequent petition for a writ of habeas corpus. Petitioner Warren McCleskey in a second federal habeas petition presented a claim under ...
No. 98-5864
527 U.S. 263 (1999) | Cited 3666 times
... Opinion of the Court STRICKLER v. GREENE ____ U. S. ____ (1999) On Writ Of Certiorari To The United States Court Of Appeals For The Fourth Circuit The District Court for the Eastern District of Virginia granted petitioner's application for a writ of habeas corpus and vacated his capital murder ...
No. 71-5908
93 S. Ct. 1038 (1973) | Cited 3644 times
... MR. JUSTICE POWELL delivered the opinion of the Court. Petitioner, Leon Chambers, was tried by a jury in a Mississippi trial court and convicted of murdering a policeman. The jury assessed punishment at life imprisonment, and the Mississippi Supreme Court affirmed, one justice dissenting. 252 So. ...
No. 04-6432
125 S.Ct. 2641 (2005) | Cited 3591 times
... 545 U. S. ____ (2005) After the federal courts denied petitioner habeas corpus relief from his state conviction, he filed a motion for relief from that judgment, pursuant to Federal Rule of Civil Procedure 60(b). The question presented is whether, in a habeas case, such motions are subject to the ...
No. 62
84 S. Ct. 1774 (1964) | Cited 3584 times
... MR. JUSTICE WHITE delivered the opinion of the Court. Petitioner, Jackson, has filed a petition for habeas corpus in the Federal District Court asserting that his conviction for murder in the New York courts is invalid because it was founded upon a confession not properly      determined to be ...
No. 202
85 S. Ct. 1229 (1965) | Cited 3461 times
... MR. JUSTICE DOUGLAS delivered the opinion of the Court. Petitioner was convicted of murder in the first degree after a jury trial in a California court. He did not testify at the trial on the issue of guilt, though he did testify at the separate trial 1 on the issue of penalty. The trial court ...
No. 91-7328
506 U.S. 390 (1993) | Cited 3380 times
... CHIEF JUSTICE REHNQUIST delivered the opinion of the Court. Petitioner Leonel Torres Herrera was convicted of capital murder and sentenced to death in January 1982. He unsuccessfully challenged the conviction on direct appeal and state collateral proceedings in the Texas state courts, and in a ...
No. 02-10038
124 S.Ct. 2562 (2004) | Cited 3337 times
... 542 U. S. ____ (2004) In Penry v. Lynaugh, 492 U. S. 302 (1989) (Penry I), we held that the Texas capital sentencing scheme provided a constitutionally inadequate vehicle for jurors to consider and give effect to the mitigating evidence of mental retardation and childhood abuse the petitioner had ...
No. 81-2066
103 S. Ct. 276 (1982) | Cited 2979 times
... Respondent was convicted of two counts of first-degree murder and was sentenced to life imprisonment. The Michigan Court of Appeals affirmed respondent's conviction, People      v. Harless, 78 Mich. App. 745, 261 N. W. 2d 41 (1977), and the Michigan Supreme Court, on review of the record, denied ...
S007386
17 Cal.4th 800 (1998) | Cited 2919 times
... Shawn Hill was convicted in 1988 in Los Angeles County Superior Court of the robbery and first degree murder of Stuart Margetts (Pen. Code, §§ 211, 187; all further statutory references are to this code unless otherwise stated), the attempted robbery and attempted second degree murder of Ronald ...
No. 05-8820
127 S.Ct. 1079 (2007) | Cited 2869 times
... 549 U. S. ____ (2007) Congress established a 1-year statute of limitations for seeking federal habeas corpus relief from a state-court judgment, 28 U. S. C. §2244(d), and further provided that the limitations period is tolled while an "application for State post-conviction or other collateral ...
No. 84
83 S. Ct. 822 (1963) | Cited 2851 times
... MR. JUSTICE BRENNAN delivered the opinion of the Court. This case presents important questions touching the federal habeas corpus jurisdiction, 28 U. S. C. §§ 2241 et seq., in its relation to state criminal justice. The narrow question is whether the respondent Noia may be granted federal habeas ...
Nos. 98, 99, 100
53 S. Ct. 55 (1932) | Cited 2664 times
... MR. JUSTICE SUTHERLAND delivered the opinion of the Court. These cases were argued together and submitted for decision as one case. The petitioners, hereinafter referred to as defendants, are negroes charged with the crime of rape, committed upon the persons of two white girls. The crime is said ...
S058721
19 Cal.4th 142 (1998) | Cited 2649 times
... (Publishers: People v. Breverman should follow People v. Birks, also filed 8/31/98.) Los Angeles County Super. Ct. No. PA015748 Two young men who were walking by defendant's house got into a fight with a larger group of youths congregated in the driveway. The two sustained cuts and bruises before ...
S019786
18 Cal.4th 1182 (1998) | Cited 2569 times
... Super. Ct. No. 41477-A Kern County A jury convicted defendant Paul Bolin of two counts of first degree murder (Pen. Code, § 187; further unspecified statutory references are to the Penal Code), one count of attempted first degree murder (§§ 187, 664), and one count of cultivation of marijuana ...
No. 76-6997
98 S. Ct. 2954 (1978) | Cited 2363 times
... MR. CHIEF JUSTICE BURGER delivered the opinion of the Court with respect to the constitutionality of petitioner's conviction (Parts I and II), together with an opinion (Part III), in which MR. JUSTICE STEWART, MR. JUSTICE POWELL, and MR. JUSTICE STEVENS joined, on the constitutionality of the ...
No. S005233.
13 Cal.4th 622 (1996) | Cited 2304 times
... THE COURT.* --Defendant Lance Ian Osband has been sentenced to death under the 1978 death penalty statute for murder. In an information, defendant was charged with the murder on October 5, 1985, of Lois Minnie Skuse. (Pen. Code, § 187; all unlabeled statutory references are to this code.) It was ...
No. 649
87 S. Ct. 1920 (1967) | Cited 2243 times
... MR. CHIEF JUSTICE WARREN delivered the opinion of the Court. We granted certiorari in this case to determine whether the right of a defendant in a criminal case under the      Sixth Amendment 1 to have compulsory process for obtaining witnesses in his favor is applicable to the States through ...
No. S007779
8 Cal.4th 1060 (1994) | Cited 2227 times
... BAXTER, J.: Defendant Jose Arnaldo Rodrigues was convicted by a jury of one count of murder (Pen. Code, § 187), 1 two counts of attempted robbery ( §§ 664, 211), and one count of burglary ( § 459). The jury found true the special circumstances that defendant committed the murder while engaged in ...
NO. 1532-98
9 S.W.3d 808 (1999) | Cited 2190 times
... ON STATE'S PETITION FOR DISCRETIONARY REVIEW FROM THE 14TH COURT OF APPEALS HARRIS COUNTY Mansfield, J., delivered the opinion of the Court in which McCormick, P.J., and Keller, Holland, Womack, and Keasler, J.J., joined. Meyers, J., Dissents with an opinion, in which Price and Johnson, J.J., ...
No. 75-1906
97 S. Ct. 1730 (1977) | Cited 2181 times
... MR. JUSTICE STEVENS delivered the opinion of the Court. Respondent is in petitioner's custody pursuant to a conviction for second-degree murder. The question presented to us is whether the New York State trial judge's failure to instruct the jury on the issue of causation was constitutional error ...
No. 81-5114
102 S. Ct. 2211 (1982) | Cited 2139 times
... JUSTICE O'CONNOR delivered the opinion of the Court. We granted certiorari to decide whether the Double Jeopardy Clause 1 bars retrial after a state appellate court sets aside a conviction on the ground that the verdict was against "the weight of the evidence." After examining the policies ...
No. 79-1601
101 S. Ct. 764 (1981) | Cited 2121 times
... JUSTICE REHNQUIST delivered the opinion of the Court. A divided Court of Appeals for the Ninth Circuit held that respondent's state-court murder conviction was constitutionally invalid. Its holding has two bases: (1) the pretrial photographic identification procedure employed by state police was ...
S007198
18 Cal.4th 894 (1998) | Cited 2102 times
... Amador County Super. Ct. No. 14145 A jury convicted defendant Jerry Grant Frye of two counts of first degree murder (Pen. Code, § 187; all further statutory references are to this code unless noted otherwise), first degree robbery (§ 211), residential burglary (§ 459), and the unlawful driving and ...
No. 81-420
103 S. Ct. 843 (1983) | Cited 2086 times
... JUSTICE REHNQUIST delivered the opinion of the Court. The issue here is whether the Due Process Clause of the Fourteenth Amendment requires the vacation of respondent's Ohio murder conviction. The United States Court of Appeals for the Sixth Circuit, which granted respondent's petition for a writ ...
No. 83-1427
105 S. Ct. 844 (1985) | Cited 2044 times
... JUSTICE REHNQUIST delivered the opinion of the Court. This case requires us to examine once again the procedures for selection of jurors in criminal trials involving the possible imposition of capital punishment, see Witherspoon v. Illinois, 391 U.S. 510 (1968), and to consider standards for ...
No. 98-10916
200 F.3d 274 (2000) | Cited 2023 times
... Appeal from the United States District Court for the Northern District of Texas Petitioner Garry Dean Miller, convicted of capital murder in Texas and sentenced to death, requests from this Court a Certificate of Appealability (COA) pursuant to 28 U.S.C. § 2253(c)(2). Miller raises several ...
S004720
16 Cal.4th 153 (1997) | Cited 1928 times
... Barry Glenn Williams (defendant) appeals the first degree murder conviction and sentence of death he received in Los Angeles County Superior Court in connection with the shooting death of Jerome Dunn in 1982. The sole special circumstance found true was that defendant had previously been convicted ...
No. 05-101.
126 S.Ct. 602 (2005) | Cited 1885 times
... 546 U. S. ____ (2005) In 1987, respondent Kenneth T. Richey was tried in Ohio for aggravated murder committed in the course of a felony. Evidence showed that respondent set fire to the apartment of his neighbor, Hope Collins, in an attempt to kill his ex-girlfriend and her new boyfriend, who were ...
S066848
20 Cal.4th 1 (1999) | Cited 1865 times
... Defendant was convicted of murder (Pen. Code, § 187, subd. (a); further statutory references are to this code unless otherwise indicated) and assault with a firearm (§ 245, subd. (a)(2)). The jury found defendant had used a firearm in the commission of both offenses. (§ 12022.5, subd. (a).) ...
No. 1085-88
813 S.W.2d 503 (1991) | Cited 1855 times
... Opinion ON STATE'S PETITION FOR DISCRETIONARY REVIEW Appellant, Edmond Albert Stafford, was convicted of delivery of more than 28 grams of cocaine for which punishment was assessed at 75 years' confinement. He appealed. The First Court of Appeals in Houston reversed the conviction finding that ...
No. 00-50101
211 F.3d 895 (2000) | Cited 1827 times
... Appeal from the United States District Court for the Western District of Texas Caruthers Alexander, a Texas death row inmate, seeks a certificate of appealability ("COA") to appeal the district court's denial of his petition for a writ of habeas corpus. 28 U.S.C. § 2253. Because Alexander's ...
No. 88-7146
110 S. Ct. 1717 (1990) | Cited 1771 times
... CHIEF JUSTICE REHNQUIST delivered the opinion of the Court. This case presents the question whether a third party has standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal to the State Supreme Court. Petitioner Jonas ...
No. 371.
17 S. Ct. 154 (1896) | Cited 1734 times
... MR. JUSTICE BROWN delivered the opinion of the court. This was a writ of error to a judgment of the Circuit Court of the United States for the Western District of Arkansas sentencing the plaintiff in error to death for the murder of Philip      Henson, a white man, in the Cherokee Nation of the ...
No. S013187
23 Cal.4th 978 (2000) | Cited 1729 times
... An Orange County jury convicted defendant Randy Steven Kraft of the first degree murders of Edward Daniel Moore (count 1), "John Doe Huntington Beach" (count 2), Ronald Gene Wiebe (count 3), Keith Daven Crotwell (count 4), Mark Howard Hall (count 5), Scott Michael Hughes (count 6), Roland Gerald ...
No. 00-6677
532 U.S. 782 (2001) | Cited 1716 times
... 532 U. S. ____ (2001) On Writ Of Certiorari To The United States Court Of Appeals For The Fifth Circuit In 1989, we held that Johnny Paul Penry had been sentenced to death in violation of the Eighth Amendment because his jury had not been adequately instructed with respect to mitigating evidence. ...
No. 02-1369
124 S.Ct. 7 (2003) | Cited 1711 times
... 540 U. S. ____ (2003) The Court of Appeals for the Sixth Circuit affirmed the grant of habeas relief to respondent Gregory Esparza after concluding that, because the Eighth Amendment requires the State to narrow the class of death eligible defendants, the Ohio Court of Appeals had improperly ...
No. 04-5462
125 S.Ct. 2456 (2005) | Cited 1711 times
... 545 U. S. ____ (2005) This case calls for specific application of the standard of reasonable competence required on the part of defense counsel by the Sixth Amendment. We hold that even when a capital defendant's family members and the defendant himself have suggested that no mitigating evidence ...
No. 490
86 S. Ct. 1507 (1966) | Cited 1626 times
... MR. JUSTICE CLARK delivered the opinion of the Court. This federal habeas corpus application involves the question whether Sheppard was deprived of a fair trial in his state conviction for the second-degree murder of his wife because of the trial judge's failure to protect Sheppard sufficiently ...
No. S004605
10 Cal.4th 764 (1995) | Cited 1603 times
... WERDEGAR, J.: A jury convicted Gerald Frank Stanley of the first degree murder of Cindy Rogers Stanley (Pen. Code, §§ 187, 189) 1 (count I), arson of an inhabited dwelling ( § 451) (count II) and burglary of an inhabited trailer coach ( § 459) (count III). The jury also found that defendant ...
No. 09-587.
131 S.Ct. 770 (2011) | Cited 1578 times
... Argued October 12, 2010 In 1994, deputies called to drug dealer Johnson's California home found Johnson wounded and Klein fatally wounded. Johnson claimed that he was shot in his bedroom by respondent Richter's co-defendant, Branscombe; that he found Klein on the living room couch; and that his ...
No. W1996-00004-SC-R11-CD
6 S.W.3d 453 (1999) | Cited 1567 times
... FOR PUBLICATION HENRY CIRCUIT HON. JULIAN P. GUINN, JUDGE AFFIRMED AS MODIFIED OPINION Defendant/appellee Brenda Burns was tried and convicted of criminal responsibility for the commission of first-degree murder in the death of her ex-husband, Paul Burns. 1 The Court of Criminal Appeals ...
No. W1996-00004-SC-R11-CD
6 S.W.3d 453 (1999) | Cited 1566 times
... FOR PUBLICATION HENRY CIRCUIT HON. JULIAN P. GUINN, JUDGE OPINION AFFIRMED AS MODIFIED OPINION Defendant/appellee Brenda Burns was tried and convicted of criminal responsibility for the commission of first-degree murder in the death of her ex-husband, Paul Burns. 1 The Court of Criminal ...
No. 46
78 S. Ct. 221 (1957) | Cited 1564 times
... Opinion of the Court by MR. JUSTICE BLACK, announced by MR. JUSTICE DOUGLAS. This case presents a serious question concerning the meaning and application of that provision of the Fifth Amendment to the Constitution which declares that no person shall ". . . be subject for the same offence to be ...
No. 03-1039
125 S.Ct. 1432 (2005) | Cited 1562 times
... 544 U. S. ____ (2005) The United States Court of Appeals for the Ninth Circuit, convening en banc, granted habeas relief to respondent William Payton. It held that the jury instructions in the penalty phase of his trial for capital murder did not permit consideration of all the mitigation evidence ...
No. 88-6613
110 S. Ct. 1190 (1990) | Cited 1543 times
... CHIEF JUSTICE REHNQUIST delivered the opinion of the Court. This case requires us to decide whether two California jury instructions used in the penalty phase of petitioner's capital murder trial and in other California capital cases before each was modified in 1983 and 1985, respectively, are ...
No. 83-218
104 S. Ct. 2901 (1984) | Cited 1542 times
... JUSTICE BRENNAN delivered the opinion of the Court. In March 1969, respondent Daniel Ross was convicted of first-degree murder in North Carolina and sentenced to life imprisonment. At trial, Ross had claimed lack of malice and self-defense. In accordance with well-settled North Carolina law, the ...
No. 92-5596 Summary Calendar.
985 F.2d 222 (1993) | Cited 1525 times
... DeMOSS, Circuit Judge: Leslie Wayne Yohey is currently in the custody of the Texas Department of Criminal Justice. He was convicted by a jury of murder and sentenced to life imprisonment. The Texas Court of Appeals affirmed his conviction and sentence on direct appeal. Yohey v. State, 801 S.W.2d ...
No. 99-6175
209 F.3d 325 (2000) | Cited 1515 times
... PUBLISHED Argued: January 28, 2000 Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Senior Judge Hamilton and Judge Smalkin joined. OPINION On July 22, 1998, Percy Harris filed this federal habeas petition to challenge his Maryland state court conviction. He filed his ...
No. 75-1861.
432 U.S. 197 (1977) | Cited 1513 times
... Argued March 1, 1977 WHITE, J., delivered the opinion of the Court, in which BURGER, C. J., and STEWART, BLACKMUN, and STEVENS, JJ., joined. POWELL, J., filed a dissenting opinion, in which BRENNAN and MARSHALL, JJ., joined, post, p. 216. REHNQUIST, J., took no part in the consideration or ...
No. 81-1095
103 S. Ct. 1610 (1983) | Cited 1504 times
... CHIEF JUSTICE BURGER delivered the opinion of the Court. The question presented is whether it was error for the Court of Appeals to hold that the state trial court violated respondent's Sixth Amendment right to counsel by denying respondent's motion for a continuance until the Deputy Public ...
No. 00-4558
263 F.3d 466 (2001) | Cited 1502 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 ELECTRONIC CITATION: 2001 FED App. 0287P (6th Cir.) MEMORANDUM OPINION Petitioner-appellant Joseph D. Murphy, an Ohio death row inmate, has filed an application for a certificate of appealability ("COA") pursuant to 28 ...
No. 83-6607
105 S. Ct. 2633 (1985) | Cited 1484 times
... JUSTICE MARSHALL delivered the opinion of the Court, except as to Part IV-A. This case presents the issue whether a capital sentence is valid when the sentencing jury is led to believe that responsibility for determining the appropriateness of a death sentence rests not with the jury but with the ...
S016076
15 Cal.4th 1385A (1997) | Cited 1475 times
... John Lee Holt was convicted by a jury in the Kern County Superior Court of the July 6, 1989, first degree murder (Pen. Code, § 189) (count 1) of Marie Margie Axtell; 1 first degree robbery ( § 212.5, subd. (a)) (count 2) of Axtell; rape ( § 261, subd. (2)) (count 3) of Axtell; sodomy ( § 286, ...
No. S010856
25 Cal.4th 926 (2001) | Cited 1462 times
... As modified August 15, 2001. There is no change in the judgment. Following the guilt phase of a capital trial, a jury found defendant Albert Cunningham guilty of first degree murder based upon robbery felony murder (Pen. Code, § 187, subd. (a)) and robbery (Pen. Code, § 211) of Carmen Enrique ...
No. 05-17131
481 F.3d 1143 (2007) | Cited 1454 times
... FOR PUBLICATION Argued and Submitted November 17, 2006 -- San Francisco, California Before: J. Clifford Wallace and Sidney R. Thomas, Circuit Judges, and David A. Ezra, 1 District Judge. OPINION In this appeal, we consider whether, in the absence of a request from an unrepresented petitioner, ...
No. 78-6621
100 S. Ct. 2382 (1980) | Cited 1453 times
... MR. JUSTICE STEVENS delivered the opinion of the Court. We granted certiorari to decide the following question: "May a sentence of death constitutionally be imposed after a jury verdict of guilt of a capital offense, when the jury was not permitted to consider a verdict of guilt of a lesser ...
No. 86-5375
107 S. Ct. 3114 (1987) | Cited 1425 times
... JUSTICE STEVENS delivered the opinion of the Court. A jury in the Superior Court of Wayne County, Georgia, found petitioner Christopher Burger guilty of murder and sentenced him to death on January 25, 1978. In this habeas corpus proceeding, he contends that he was denied his constitutional right ...
No. 74-676
96 S. Ct. 1691 (1976) | Cited 1413 times
... MR. CHIEF JUSTICE BURGER delivered the opinion of the Court. We granted certiorari in this case to determine whether an accused who is compelled to wear identifiable prison clothing at his trial by a jury is denied due process or equal protection of the laws. In November 1970, respondent Williams ...
S005707
15 Cal.4th 1229 (1997) | Cited 1411 times
... Following the guilt and special circumstance phase of a capital trial, a jury found defendant Bill Bradford guilty of the first degree murders of Shari Miller and Tracey Campbell (Pen. Code, §§ 187, 189). 1 The jury also found true the special circumstance that defendant had committed multiple ...
No. 80-5727
102 S. Ct. 869 (1982) | Cited 1402 times
... JUSTICE POWELL delivered the opinion of the Court. Petitioner Monty Lee Eddings was convicted of first-degree murder and sentenced to death. Because this sentence was imposed without "the type of individualized consideration of mitigating factors . . . required by the Eighth and Fourteenth ...
S009522
19 Cal.4th 353 (1998) | Cited 1374 times
... L.A. Super. Ct. Nos. A885934, A886206 Defendant was convicted of murdering Lacy Corrin Chandler and awaits execution of a resulting death sentence. Following the consolidation of two cases against him, an information filed by the Los Angeles County District Attorney on April 25, 1988, charged ...
No. 90-5721
111 S. Ct. 2597 (1991) | Cited 1349 times
... CHIEF JUSTICE REHNQUIST delivered the opinion of the court. In this case we reconsider our holdings in Booth v. Maryland, 482 U.S. 496 (1987), and South C arolina v. Gathers, 490 U.S. 805 (1989), that the Eighth Amendment bars the admission of victim impact evidence during the penalty phase of a ...
No. 72-586
93 S. Ct. 2523 (1973) | Cited 1346 times
... Opinion of the Court by MR. JUSTICE REHNQUIST, announced by MR. JUSTICE BLACKMUN. Respondent Chester J. Dombrowski, was convicted in a Wisconsin state court of first-degree murder of Herbert McKinney and sentenced to life imprisonment. The conviction was upheld on appeal, State v. Dombrowski, 44 ...
No. 84-1974
106 S. Ct. 3101 (1986) | Cited 1335 times
... JUSTICE POWELL delivered the opinion of the Court. This case presents the question whether the harmless-error standard of Chapman v. California, 386 U.S. 18 (1967), applies to jury instructions that violate the principles of Sandstrom v. Montana, 442 U.S. 510 (1979), and Francis v. Franklin, 471 ...
No. S012261.
14 Cal.4th 155 (1996) | Cited 1330 times
... MOSK, J. This is an automatic appeal (Pen. Code, § 1239, subd. (b)) from a judgment including a sentence of death rendered under the 1978 death penalty law (id., § 190 et seq.). For the reasons that follow, we shall affirm. I. INTRODUCTION In the Sacramento Superior Court, defendant, Manuel ...
No. 84-6811
107 S. Ct. 1756 (1987) | Cited 1320 times
... JUSTICE POWELL delivered the opinion of the Court. This case presents the question whether a complex statistical study that indicates a risk that racial considerations enter      into capital sentencing determinations proves that petitioner McCleskey's capital sentence is unconstitutional under ...
No. S007522
22 Cal.4th 900 (2000) | Cited 1307 times
... As modified June 28, 2000. There is no change in judgment. Following the guilt phase of a capital trial, in which defendant was represented by two defense counsel, a jury found defendant Daniel Steven Jenkins guilty, among other charges, of the first degree murder of and conspiracy to murder ...
S012852
30 Cal.4th 342 (2003) | Cited 1304 times
... A jury convicted defendant Robert Edward Maury for the first degree murders (Pen. Code, § 187) 1 of Averill Weeden, Belinda Jo Stark and Dawn Berryhill, the assault on Stark with intent to commit rape (§ 220), the robbery (§ 211) of Berryhill, and the forcible rape (§ 261, subd. (2)) of ...
No. 93-3729
17 F.3d 155 (1994) | Cited 1292 times
... CONTIE, Senior Circuit Judge. Petitioner-appellant James Yates Rust, Jr., appeals the district court's June 2, 1993 Judgment dismissing his petition for habeas corpus relief as barred by procedural default. We affirm the district court for the following reasons. I. On March 2, 1983, an ...
No. S016718
26 Cal.4th 81 (2001) | Cited 1273 times
... As modified September 26, 2001. There is no change in the judgment. On December 23, 1985, in an information filed in Kern County, defendant was charged with the 1976 murder of Joyce Catlin, his fourth wife (Pen. Code, § 187) 1 and the 1984 murder of Martha Catlin, his mother. (§ 187.) It was ...
No. 86-2878, No. 96-80322, No. 96-99015
105 F.3d 453 (1996) | Cited 1262 times
... CANBY, Circuit Judge: Thomas Nevius, a Nevada state prisoner under sentence of death, brings three matters before this court. First, he appeals the district court's denial of his motion to file a petition for writ of habeas corpus. No. 96-99015. Second, he moves this court to recall its ...
S004654
15 Cal.4th 312 (1997) | Cited 1259 times
... Evidence at the guilt and penalty trials established that defendant is the "Trailside Killer" who terrorized Californians in 1980 and 1981. Over several months, he assaulted hikers on remote paths in Santa Cruz and Marin Counties, shooting to death seven at close range with a .38-caliber Rossi ...
No. S004788
12 Cal.4th 415 (1995) | Cited 1248 times
... LUCAS, C.J.: Defendant Larry Douglas Lucas appeals from the judgment of the Los Angeles County Superior Court imposing the death penalty following his conviction by jury of two counts of first degree murder (Pen. Code, § 187; all further statutory references are to this code unless otherwise ...
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