페이지 이미지
PDF
ePub

470 U. S.

No. 84-6207.

March 25, 1985

SOLOMON v. HARRIS, WARDEN, ET AL.

C. A.

2d Cir. Certiorari denied. Reported below: 749 F. 2d 1.

No. 84-6208.

WILLIAMS v. SOUTHERN BELL TELEPHONE & TELEGRAPH Co. C. A. 11th Cir. Certiorari denied.

No. 84-6225. PROVOW v. MINTZES, WARDEN. C. A. 6th Cir. Certiorari denied.

No. 84-6243. BETKA V. HECKLER, SECRETARY OF HEALTH AND HUMAN SERVICES. C. A. 9th Cir. Certiorari denied.

C. A. 4th Cir. Cer

No. 84-6281. LOTT v. UNITED STATES. tiorari denied. Reported below: 751 F. 2d 717.

GONZALEZ v. UNITED STATES.

Certiorari denied. Reported below: 751 F. 2d 372.

No. 84-6282.

C. A. 2d Cir.

No. 84-6291.

Certiorari denied.

RODRIGUEZ v. UNITED STATES.
Reported below: 751 F. 2d 875.

C. A. 7th Cir.

No. 84-6323.

denied.

No. 84-6330. Certiorari denied.

No. 84-6334. Certiorari denied. 2d 321.

FABIAN v. RYAN. C. A. 11th Cir. Certiorari

JAQUES v. UNITED STATES. C. A. 9th Cir.
Reported below: 753 F. 2d 1084.

KARABINAS v. NEW YORK. Ct. App. N. Y.
Reported below: 63 N. Y. 2d 871, 472 N. E.

No. 84-1047. WAINWRIGHT, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS v. SMITH. C. A. 11th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied. Reported below: 741 F. 2d 1248.

No. 84-1099. SOUTHWEST SECURITY EQUIPMENT CORP. v. NATIONAL LABOR RELATIONS BOARD ET AL. C. A. 9th Cir. Motion of National Right to Work Legal Defense Foundation for leave to file a brief as amicus curiae granted. Certiorari denied. Reported below: 736 F. 2d 1332.

No. 84-1110. 40 EASTCO v. CITY OF NEW YORK. C. A. 2d Cir. Certiorari denied. JUSTICE MARSHALL took no part in the consideration or decision of this petition.* Reported below: 746 F.2d 135.

*See also note *, supra, p. 1067.

[blocks in formation]

No. 84-5870. FINNEY v. GEORGIA. Sup. Ct. Ga.; No. 84-6139. SMITH v. WAINWRIGHT, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS. C. A. 11th Cir.;

No. 84-6153. PARKER v. FLORIDA. Sup. Ct. Fla.;

No. 84-6255. BRILEY V. BASS, WARDEN. C. A. 4th Cir.; and No. 84-6275. WELCOME v. LOUISIANA. Sup. Ct. La. Certiorari denied. Reported below: No. 84-5870, 253 Ga. 346, 320 S. E. 2d 147; No. 84-6139, 741 F. 2d 1248; No. 84-6153, 458 So. 2d 750; No. 84-6255, 750 F. 2d 1238; No. 84-6275, 458 So. 2d 1235.

JUSTICE BRENNAN and JUSTICE MARSHALL, dissenting.

Adhering to our views 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, 227, 231 (1976), we would grant certiorari and vacate the death sentences in these cases.

No. 84-5943. THOMAS V. MARYLAND. Ct. App. Md. Certiorari denied. Reported below: 301 Md. 294, 483 A. 2d 6.

JUSTICE MARSHALL, with whom JUSTICE BRENNAN joins, dissenting.

Adhering to my view that the death penalty is under all circumstances cruel and unusual punishment forbidden by the Eighth and Fourteenth Amendments, I would vacate the judgment of the Maryland Court of Appeals insofar as it left undisturbed the death sentence imposed in this case. Gregg v. Georgia, 428 U. S. 153, 231 (1976) (MARSHALL, J., dissenting). However, even if I believed that the death penalty could constitutionally be imposed under certain circumstances, I would grant certiorari and vacate the death sentence imposed here.

case.

To my mind, the Constitution requires that the State bear the burden of proving that a death sentence is appropriate in a given In two ways, the Maryland statute precludes this allocation of the burden of proof. First, it places on the defendant the burden of convincing the sentencer that mitigating evidence outweighs aggravating evidence, and it requires that a death sentence be imposed whenever aggravating factors are not outweighed. Md. Ann. Code, Art. 27, § 413(h) (1982). The statute thereby places on the defendant the burden of proving that which is, under the existing statute, the ultimate question.

[blocks in formation]

Second, by requiring that death be the sentence whenever aggravating factors are not outweighed, the statute prevents the sentencer from making what to my mind must be the ultimate inquiry: whether death is the appropriate sentence in a given defendant's case. For the reasons I stated earlier this Term in Stebbing v. Maryland, 469 U. S. 900 (1984) (dissenting from denial of certiorari), I believe that such a statute is unconstitutional, and I therefore dissent from the Court's refusal to hear this

case.

No. 84-6174. MITCHELL v. ILLINOIS. Sup. Ct. Ill. Certiorari denied. JUSTICE BRENNAN and JUSTICE MARSHALL would grant certiorari. Certiorari denied. Reported below: 105 Ill. 2d 1, 473 N. E. 2d 1270.

Rehearing Denied

No. 84-695.

KING v. UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA ET AL. (INTEGRITY HOME LOAN Co., INC., ET AL., REAL PARTIES IN INTEREST), 469 U. S. 1100;

No. 84-5783. BILLIOT V. MISSISSIPPI, 469 U. S. 1230; and No. 84-5901. CHANEY V. NATIONAL RAILROAD PASSENGER CORPORATION, 469 U. S. 1221. Petitions for rehearing denied.

INDEX

ABATEMENT OF ACTIONS. See Indians, 2.

ABORIGINAL TITLE TO INDIAN LANDS. See Indians, 1.

ADMINISTRATIVE PROCEDURE ACT.

Food and Drug Administration decision-Use of drugs for executions-
Judicial review.-Where respondent prison inmates, who had been sen-
tenced to death by lethal injection of drugs, petitioned Food and Drug Ad-
ministration, alleging that use of drugs for such purpose violated Federal
Food, Drug, and Cosmetic Act and requesting that FDA take enforcement
actions to prevent such violations, FDA's decision not to take requested
enforcement actions was not subject to review under Administrative Pro-
cedure Act. Heckler v. Chaney, p. 821.

ADMINISTRATIVE PROCEDURES FOR DISCHARGE OF PUBLIC
EMPLOYEES. See Constitutional Law, I, 2.

ADMISSION TO STATE BAR. See Constitutional Law, V.

ADMISSION TO SURGEONS' ORGANIZATION. See Judgments.

AID TO FAMILIES WITH DEPENDENT CHILDREN. See Social
Security Act.

AIRLINE'S LIABILITY FOR PASSENGERS' INJURIES. See War-
saw Convention.

ALABAMA. See Constitutional Law, II; Convention on the Territorial
Sea and the Contiguous Zone.

ANTITRUST ACTS. See Judgments.

ARBITRATION. See Federal Arbitration Act.

ARGUMENT TO JURY. See Criminal Law, 2.

ASSISTANCE OF COUNSEL. See Constitutional Law, VI.

ASSISTANCE OF PSYCHIATRIST FOR CRIMINAL DEFENDANT.
See Constitutional Law, I, 1.

ASSOCIATIONAL RIGHTS. See Constitutional Law, III, 1; Judg-
ments.

BAR ADMISSIONS. See Constitutional Law, V.

« 이전계속 »