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Mccleskey Vs. Kemp
Cites for this judgment
- US Supreme Court
- Apr 22, 1987
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U.S. 279 (1987) U.S. Supreme Court McCleskey v. KempSearch
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U.S. 279 (1987) McCleskey v. KempSearch
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punishment must be analyzed in the light of this Court's prior decisions under that Amendment. Decisions since Furman v. GeorgiaSearch
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and thus that the sentence is not disproportionate within any recognized meaning under the Eighth Amendment. Gregg v. GeorgiaSearch
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On appeal, the Supreme Court of Georgia affirmed the convictions and the sentences. McCleskey v. StateSearch
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Ga. 108, 263 S.E.2d 146 (1980). This Court denied a petition for a writ of certiorari. McCleskey v. GeorgiaSearch
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Superior Court of Butts County. After holding an evidentiary hearing, the Superior Court denied relief. McCleskey v. ZantSearch
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to appeal the Superior Court's denial of his petition, No. 81-5523, and this Court again denied certiorari. McCleskey v. ZantSearch
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it believed that McCleskey's Eighth Amendment claim was foreclosed by the Fifth Circuit's decision in Spinkellink v. WainwrightSearch
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on him. Wayte v. UnitedSearch
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Arlington Heights v. PageSearch
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multiple-regression analysis to prove statutory violations under Title VII of the Civil Rights Act of 1964. Bazemore v. FridaySearch
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to the characteristics of the individual defendant and the facts of the particular capital offense. See Hitchcock v. DuggerSearch
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and Title VII contexts, the decisionmaker has an opportunity to explain the statistical disparity. See Whitus v. GeorgiaSearch
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Texas Dept. of Community Affairs v. BurdineSearch
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Chicago, B. & Q. R. Co. v. BabcockSearch
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See Imbler v. PachtmanSearch
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Personnel Administrator of Massachusetts v. FeeneySearch
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U. S. 256 , 442 U. S. 279 (1979) (footnote and citation omitted). See Wayte v. UnitedSearch
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enacted or maintained the death penalty statute because of an anticipated racially discriminatory effect. In Gregg v. GeorgiaSearch
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U. S. 299 legitimate reasons for the Georgia Legislature to adopt and maintain capital punishment, see Gregg v. GeorgiaSearch
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Page 481 U. S. 300 Wilkerson v. UtahSearch
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Weems v. UnitedSearch
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Id. at 217 U. S. 367 . Chief Justice Warren, writing for the plurality in Trop v. DullesSearch
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of the death penalty for a particular crime have rested on such an examination of contemporary values. E.g., Enmund v. FloridaSearch
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U. S. 301 B Two principal decisions guide our resolution of McCleskey's Eighth Amendment claim. In Furman v. GeorgiaSearch
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Id. at 428 U. S. 189 (quoting Pennsylvania ex rel. Sullivan v. AsheSearch
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U.S. at 428 U. S. 197 -198 (quoting Coley v. StateSearch
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to ensure that capital sentencing decisions rest on the individualized inquiry contemplated in Gregg. In Woodson v. NorthSearch
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Page 481 U. S. 304 Proffitt v. FloridaSearch
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footnote omitted). See Skipper v. SouthSearch
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Woodson v. NorthSearch
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but have probed the application Page 481 U. S. 305 of statutes to particular cases. For example, in Godfrey v. GeorgiaSearch
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as applied to a certain class of cases, we have established substantive limitations on its application. In Coker v. GeorgiaSearch
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held that a State may not constitutionally sentence an individual to death for the rape of an adult woman. In Enmund v. FloridaSearch
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murder absent a showing that the defendant possessed a sufficiently culpable mental state. Most recently, in Ford v. WainwrightSearch
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See Pulley v. HarrisSearch
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robbery, a crime for which this Court has determined that the death penalty constitutionally may be imposed. Gregg v. GeorgiaSearch
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U.S. Supreme Court McCleskey v. KempSearch
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Furman v. GeorgiaSearch
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