MARTINEZ-VILLAREAL

v.

ARIZONA; JARRELLS V. GEORGIA; GAMES V. INDIANA; TASSIN V. LOUISIANA; BALDWIN V. ALABAMA; O'NEAL V. MISSOURI; KUBAT V. GREER, WARDEN, ET AL.; MORAN V. WHITLEY, WARDEN, ET AL.; SINGLETON V. LOCKHART, COMMISSIONER, ARKANSAS DEPARTMENT OF CORRECTION; JONES V. MISSOURI; PADILLA V. NEVADA; HILL V. ALABAMA; BROWNLEE V. ALABAMA; THOMPSON V. ALABAMA; COLEMAN V. OKLAHOMA; DERRICK V. TEXAS; CRANK V. TEXAS; CAVANAUGH V. NEVADA; KINSMAN V. GEORGIA; DRISCOLL V. MISSOURI; SINGLETON V. MCKELLAR, WARDEN, ET AL.; TEAGUE V. TENNESSEE; MELSON V. TENNESSEE; KILGORE V. MISSOURI

U.S. | 1989-10-02

Nos. 88-2112; No. 88-7180; No. 88-7217; No. 88-7222; No. 88-7427; No. 88-7469; No. 88-7492; No. 88-7520; No. 88-7557; No. 88-7567; No. 88-7620; No. 89-5037; No. 89-5038; No. 89-5040; No. 89-5060; No. 89-5071; No. 89-5092; No. 89-5093; No. 89-5099; No. 89-5238; No. 89-5254; No. 89-5260; No. 89-5270; No. 89-5399

493 U.S. 874 Supreme Court of the United States (1989) Caution

Cited by 28 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The appellate court affirmed the denial of the request to discharge counsel but ordered a new trial for resisting arrest without violence due to an abused continuance discretion, while affirming the conviction for possession of cocaine with intent to sell.

Holding

The court affirmed the trial court's denial of Jones' request to discharge his attorney but ordered a new trial on the resisting arrest without violence charge due to the initial abuse of discretion in denying a continuance.

Facts & Procedural History

Milton Jones appealed his conviction and sentence for possession of cocaine with intent to sell and resisting arrest without violence. He argued issue…

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Opinion of the Court

Super. Ct. Ariz., County of Santa Cruz; Sup. Ct. Ga.; Sup. Ct. Ind.; Sup. Ct. La.; Ct. Crim. App. Ala.; Sup. Ct. Mo.; C. A. 7th Cir.; Sup. Ct. Nev.; C. A. 8th Cir.; Sup. Ct. Mo.; Sup. Ct. New; Ct. Crim. App. Ala.; Sup. Ct. Ala.; Sup. Ct. Ala.; Ct. Crim. App. Okla.; Ct. Crim. App. Tex.; Ct. Crim. App. Tex.; Sup. Ct. New; Sup. Ct. Ga.; Sup. Ct. Mo.; C. A. 4th Cir.; Ct. Crim. App. Tenn.; Sup. Ct. Tenn.; and Sup. Ct. Mo. Certio-rari denied. Reported below: No. 88-7180, 258 Ga. 833, 375 S. E. 2d 842; No. 88-7217, 535 N. E. 2d 530; No. 88-7222, 536 So. 2d 402; No. 88-7427, 539 So. 2d 1103; No. 88-7469, 766 S. W. 2d 91; No. 88-7492, 867 F. 2d 351; No. 88-7520, 105 Nev. 1041, 810 P. 2d 335; No. 88-7557, 871 F. 2d 1395; No. 88-7567, 767 S. W. 2d 41; No. 88-7620, 104 Nev. 867; No. 89-5037, 541 So. 2d 83; No. 89-5038, 545 So. 2d 166; No. 89-5040, 542 So. 2d 1300; No. 89-5071, 773 S. W. 2d 271; No. 89-5092, 761 S. W. 2d 328; No. 89-5093, 105 Nev. 1025, 810 P. 2d 319; No. 89-5099, 259 Ga. 89, 376 S. E. 2d 845; No. 89-5238, 767 S. W. 2d 5; No. 89-5254, 873 F. 2d 1440; No. 89-5260, 772 S. W. 2d 915; No. 89-5270, 772 S. W. 2d 417; No. 89-5399, 771 S. W. 2d 57.

Dissent

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.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (14 total)

Godinez v. Moran, 509 U.S. 389 (U.S. 1993)

…y shows that he was examined by two psychiatrists both of whom declared [him] competent.” App. to Pet. for Cert. D-8. The Supreme Court of Nevada dismissed respondent’s appeal, Moran v. Warden, 105 Nev. 1041, 810 P. 2d 335, and we denied certiorari, 493 U. S. 874 (1989). Respondent then filed a habeas petition in the United States District Court for the District of Nevada. The District Court denied the petition, but the Ninth Circuit reversed. 972 F. 2d 263 (1992). The Court of Appeals concluded that the…
Brownlee v. Haley, 306 F.3d 1043 (11th Cir. 2002)

…The Alabama Supreme Court affirmed this ruling on March 10, 1989, see Ex parte Brownlee, 545 So. 2d 166 (Ala.1989), and the United States Supreme Court denied Brownlee’s petition for a writ of certiorari on October 2, 1989, see Brownlee v. Alabama, 493 U.S. 874, 110 S.Ct. 208, 107 L.Ed.2d 161 (1989), as well as his request for rehearing the following month, see Brownlee v. Alabama, 493 U.S. 986, 110 S.Ct. 527, 107 L.Ed.2d 527 (1989). C. Assisted by new counsel, Brownlee then filed a petition for post-conv…
United States v. Chandler, 996 F.2d 1073 (11th Cir. 1993)

…that when a defendant fails to request a lesser included offense instruction in a capital case, the district court does not err in failing to instruct on the lesser included offense. Kubat v. Thieret, 867 F. 2d 351, 365-66 (7th Cir.), cert. denied, 493 U.S. 874, 110 S.Ct. 206, 107 L.Ed.2d 159 (1989); Look v. Amaral, 725 F. 2d 4, 8-9 (1st Cir.1984). We agree with the holding in Kubat that requiring a district court to give a lesser included offense instruction might be at odds with the trial strategy of de…

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Authorities Cited

Gregg v. Georgia, 428 U.S. 153 (U.S. 1976)
Kubat v. Thieret, 867 F.2d 351 (7th Cir. 1989)
Singleton v. A.L. Lockhart, 871 F.2d 1395 (8th Cir. 1989)

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