RICHARDSON
v.
THIGPEN, COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS

U.S. | 1989-08-17
No. 89-5395 (A-142)
492 U.S. 934 Supreme Court of the United States (1989) Positive Treatment
Cited by 4 cases
Dissent
Justice Brennan and Justice Marshall,

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 the application for stay of execution and the petition for writ of certiorari and would vacate the death sentence in this case.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Alderman v. Zant, 22 F.3d 1541 (11th Cir. 1994)
    …he federal claim, the federal court should apply the state procedural bar and decline to reach the merits of the claim. Harris, 489 U.S. at 264 n. 10, 109 S.Ct. at 1044 n. 10; Richardson v. Thigpen, 883 F. 2d 895, 898 (11th Cir.1989), cert. denied, 492 U.S. 934, 110 S.Ct. 17, 106 L.Ed.2d 631 (1989). B. Procedural Default of the Brady/Giglio Allegation The record reflects that the state habeas corpus court, focusing primarily upon the 1975 proceedings, stated that the allegation was proeedurally barred pur…
  • Andrews v. Deland, 943 F.2d 1162 (10th Cir. 1991)
    …is first federal petition because his federal petition was pending when Beck was decided, and the petition was not dismissed until 1984, some four years after Beck was decided. Cf. Richardson v. Thigpen, 883 F. 2d 895, 899 (11th Cir.), cert. denied, 492 U.S. 934, 110 S.Ct. 17, 106 L.Ed.2d 631 (1989). Andrews asserts, however, that even though Beck was decided in 1980, any Beck claim depends upon the availability under state law of a lesser included offense fitting the circumstances of the crime charged and…
  • Varnall Weeks v. Jones, 52 F.3d 1559 (11th Cir. 1995)
    …e would prevail on the merits under this standard, he is required to show that the issue is debatable among jurists of reason. Id. at 893 n. 4, 103 S.Ct. at 3395 n. 4; Richardson v. Thigpen, 883 F. 2d 895, 897 (11th Cir.) (per curiam), cert. denied, 492 U.S. 934, 110 S.Ct. 17, 106 L.Ed.2d 631 (1989). Essentially, this standard also applies to an application for stay of execution. Delo v. Stokes, 495 U.S. 320, 321, 110 S.Ct. 1880, 1881, 109 L.Ed.2d 325 (1990); Fleming v. Kemp, 794 F. 2d 1478, 1481 (11th Ci…

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