AUGUSTYNIAK

v.

CITY OF NEW YORK ET AL.

Citator

Cited By

• Mercer v. Armontrout, 844 F.2d 582 (8th Cir. 1988)
  …vating circumstance[s] found and the sentence of death thereon.’ ” State v. Malone, 694 S.W. 2d 723, 728 (Mo.1985) (quoting State v. LaRette, 648 S.W. 2d 96, 102 (Mo.), cert. denied, 464 U.S. 908, 104 S.Ct. 262, 78 L.Ed.2d 246 (1983)), cert. denied, 476 U.S. 1165, 106 S.Ct. 2292, 90 L.Ed.2d 733 (1986); see also State v. Gilmore, 697 S.W. 2d 172, 176 (Mo.1985) (“Where two or more statutory aggravating circumstances are found by the jury, failure of one circumstance does not invalidate the other.”), cert. deni…
• McDOWELL v. Dixon, 858 F.2d 945 (4th Cir. 1988)
  …remand the trial court denied any further relief. The Supreme Court of North Carolina declined to review the denial of relief, and a petition for a writ of certiorari was denied by the Supreme Court of the United States. McDowell v. North Carolina, 476 U.S. 1165, 106 S.Ct. 2292, 90 L.Ed.2d 732 (1986). McDowell then filed a petition for writ of habeas corpus in the district court, which was denied. The court also denied a motion to alter or amend its judgment of denial. McDowell appeals, and we reverse. We…
• Kermit Smith, Jr. v. Dixon, 996 F.2d 667 (4th Cir. 1993)
  …entertaining and rejecting arguments on direct appeal that the statute establishing proportionality review violates due process guarantees of the Fourteenth Amendment and unconstitutionally expands jurisdiction of the appellate court), cert. denied, 476 U.S. 1165, 106 S.Ct. 2293, 90 L.Ed.2d 733 (1986), overruled in part on other grounds by State v. Vandiver, 321 N.C. 570, 364 S.E. 2d 373 (1988); State v. Williams, 304 N.C. 394, 284 S.E. 2d 437, 448 (1981), cert. denied, 456 U.S. 932, 102 S.Ct. 1985, 72 L.Ed.…