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Did you mean death and penalty or capital and punishment?

Your query (death and penalty) or (capital and punishment) returned 98 results.

1000 FURMAN V. GEORGIA
[Dissent]
1000 FURMAN V. GEORGIA
[Concurrence]
989 GREGG V. GEORGIA
[Opinion]
969 FURMAN V. GEORGIA
[Dissent]
884 FURMAN V. GEORGIA
[Concurrence]
863 MCCLESKEY V. KEMP
[Opinion]
861 ENMUND V. FLORIDA
[Dissent]
850 WOODSON V. NORTH CAROLINA
[Opinion]
798 STANFORD V. KENTUCKY
[Dissent]
791 UNITED STATES V. JACKSON
[Opinion]
783 COKER V. GEORGIA
[Opinion]
783 THOMPSON V. OKLAHOMA
[Dissent]
780 THOMPSON V. OKLAHOMA
[Concurrence]
776 STANFORD V. KENTUCKY
[Opinion]
772 WITHERSPOON V. ILLINOIS
[Opinion]
761 LOCKHART V. MCCREE
[Dissent]
741 MCCLESKEY V. KEMP
[Dissent]
737 THOMPSON V. OKLAHOMA
[Opinion]
711 HARMELIN V. MICHIGAN
[Opinion]
696 LOCKHART V. MCCREE
[Opinion]
696 GREGG V. GEORGIA
[Dissent]
691 PENRY V. LYNAUGH
[Opinion]
687 ENMUND V. FLORIDA
[Opinion]
672 WOODSON V. NORTH CAROLINA
[Dissent]
668 FURMAN V. GEORGIA
[Concurrence]
648 HARMELIN V. MICHIGAN
[Dissent]
635 ATKINS V. VIRGINIA
[Dissent]
629 ATKINS V. VIRGINIA
[Opinion]
626 LOCKETT V. OHIO
[Opinion]
594 PULLEY V. HARRIS
[Opinion]
589 FURMAN V. GEORGIA
[Dissent]
589 GREGG V. GEORGIA
[Concurrence]
576 PULLEY V. HARRIS
[Dissent]
572 MCCLESKEY V. KEMP
[Dissent]
572 COKER V. GEORGIA
[Dissent]
566 STANFORD V. KENTUCKY
[Concurrence]
561 EDDINGS V. OKLAHOMA
[Opinion]
555 WITHERSPOON V. ILLINOIS
[Dissent]
550 WITHERSPOON V. ILLINOIS
[]
544 REID V. COVERT
[Concurrence]
542 STANFORD V. KENTUCKY
[Syllabus]
533 HARMELIN V. MICHIGAN
[Concurrence]
529 JUREK V. TEXAS
[Opinion]
524 PROFFITT V. FLORIDA
[Opinion]
509 SOUTH CAROLINA V. GATHERS
[Dissent]
507 THOMPSON V. OKLAHOMA
[Syllabus]
505 MCCLESKEY V. KEMP
[Syllabus]
501 ATKINS V. VIRGINIA
[Dissent]
496 SCHICK V. REED
[Dissent]
485 GREGG V. GEORGIA
[Syllabus]
485 LOUISIANA EX REL. FRANCIS V. RESWEBER
[Dissent]
483 PENRY V. LYNAUGH
[Syllabus]
479 BOOTH V. MARYLAND
[Opinion]
475 BOOTH V. MARYLAND
[Dissent]
470 FURMAN V. GEORGIA
[Concurrence]
468 JOHNSON V. LOUISIANA
[Opinion]
462 FURMAN V. GEORGIA
[Concurrence]
455 UNITED STATES V. QUARLES
[Dissent]
446 PULLEY V. HARRIS
[Concurrence]
442 PENRY V. LYNAUGH
[Concur in part, dissent in part]
442 PENRY V. LYNAUGH
[Concur in part, dissent in part]
433 FORD V. WAINWRIGHT
[Opinion]
433 LOCKETT V. OHIO
[Concur in part, dissent in part]
433 LOCKETT V. OHIO
[Concur in part, dissent in part]
431 LOCKETT V. OHIO
[Concur in part, dissent in part]
431 LOCKETT V. OHIO
[Concur in part, dissent in part]
427 RING V. ARIZONA
[Syllabus]
Walton v. Arizona, 497 U. S. 639, is irreconcilable with Apprendi v. New Jersey, 530 U. S. 466, and is, accordingly, overruled to the extent that it allows a sentencing judge, sitting without a jury, to find an aggravating circumstance necessary for imposition of the death penalty, see 497 U. S., at 647-649. Because Arizona's enumerated aggravating factors operate as "the functional equivalent of an element of a greater offense," Apprendi, 530 U. S., at 494, n. 19, the Sixth Amendment requires that they be found by a jury.
427 TROP V. DULLES
[Opinion]
422 COKER V. GEORGIA
[Syllabus]
420 COKER V. GEORGIA
[Concur in part, dissent in part]
420 COKER V. GEORGIA
[Concur in part, dissent in part]
418 WITHERSPOON V. ILLINOIS
[Syllabus]
409 ROTH V. UNITED STATES
[Opinion]
409 PENRY V. LYNAUGH
[Concur in part, dissent in part]
409 PENRY V. LYNAUGH
[Concur in part, dissent in part]
403 PATTON V. UNITED STATES
[Opinion]
403 DUNCAN V. LOUISIANA
[Opinion]
399 POWELL V. TEXAS
[Dissent]
392 GREGG V. GEORGIA
[Dissent]
388 ROPER V. SIMMONS
[Syllabus]
388 BUMPER V. NORTH CAROLINA
[Opinion]
388 BOOTH V. MARYLAND
[Dissent]
366 PAYNE V. TENNESSEE, 501 U.S. 808 (1991)
[Syllabus]
366 GIDEON V. WAINWRIGHT
[Concurrence]
360 BOULWARE V. UNITED STATES
[Syllabus]
360 BAZE V. REES
[Syllabus]
360 ADAMSON V. CALIFORNIA
[Dissent]
360 KILBOURN V. THOMPSON
[Opinion]
360 REID V. COVERT
[Dissent]
351 TROP V. DULLES
[Dissent]
347 BARTKUS V. ILLINOIS
[Opinion]
342 HARMELIN V. MICHIGAN, 501 U.S. 957 (1991)
[Syllabus]
342 LOCKETT V. OHIO
[Concurrence]
342 HARMELIN V. MICHIGAN
[Syllabus]
342 ROBINSON V. CALIFORNIA
[Concurrence]
334 POWELL V. ALABAMA
[Opinion]
334 CALDER V. BULL
[Opinion]
334 WORCESTER V. GEORGIA
[Concurrence]
327 WOODSON V. NORTH CAROLINA
[Syllabus]
323 ATKINS V. VIRGINIA
[Syllabus]
Executions of mentally retarded criminals are "cruel and unusual punishments" prohibited by the Eighth Amendment.
323 EX PARTE QUIRIN
[Opinion]
323 MCCLESKEY V. KEMP
[Dissent]
323 ATKINS V. VIRGINIA
[Syllabus]
323 JONES V. ALFRED H. MAYER CO.
[Opinion]
323 FORD V. WAINWRIGHT
[Concurrence]
323 EX PARTE GROSSMAN
[Opinion]
312 PANETTI V. QUARTERMAN
[Syllabus]
312 WILLIAMS V. FLORIDA
[Dissent]
312 BURCH V. LOUISIANA
[Opinion]
299 UTTECHT V. BROWN
[Syllabus]
299 UNITED STATES V. SALERNO
[Opinion]
299 ULLMANN V. UNITED STATES
[Dissent]
299 EX PARTE MILLIGAN
[Concur in part, dissent in part]
290 LOVING V. UNITED STATES, 517 U.S. 748 (1996).
[Syllabus]
290 HARMELIN V. MICHIGAN
[Dissent]
284 BETTS V. BRADY
[Opinion]
268 MORGAN V. ILLINOIS, 504 U.S. 719 (1992).
[Syllabus]
268 SAWYER V. SMITH, 497 U.S. 227 (1990)
[Syllabus]
268 ARAVE V. CREECH, 507 U.S. 463 (1993).
[Syllabus]
268 SCHAD V. ARIZONA, 501 U.S. 624 (1991)
[Syllabus]
268 PULLEY V. HARRIS
[Syllabus]
268 LOEWE V. LAWLOR
[Opinion]
268 LOCKETT V. OHIO
[Syllabus]
268 EX PARTE MILLIGAN
[Opinion]
268 LOCKHART V. MCCREE
[Syllabus]
268 JUREK V. TEXAS
[Syllabus]
266 PITTSBURGH PRESS CO. V. PITTSBURGH COMMISSION ON HUMAN RELATIONS
[Opinion]
266 PENRY V. LYNAUGH
[Concur in part, dissent in part]
266 UNITED STATES V. QUARLES
[Opinion]
266 ARGERSINGER V. HAMLIN
[Opinion]
266 BUMPER V. NORTH CAROLINA
[Dissent]
266 WASHINGTON V. GLUCKSBERG
[Concurrence]
266 FURMAN V. GEORGIA
[Dissent]
266 PENRY V. LYNAUGH
[Concur in part, dissent in part]
247 HERRERA V. COLLINS, 506 U.S. 390 (1993)
[Syllabus]
247 GRAHAM V. COLLINS, 506 U.S. 461 (1993).
[Syllabus]
247 DAWSON V. DELAWARE
[Dissent]
247 GOMEZ V. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
[Dissent]
247 HOLDEN V. HARDY
[Opinion]
236 BUCHANAN V. ANGELONE, 522 U.S. 269 (1998)
[Syllabus]
236 WHITNEY V. CALIFORNIA
[Opinion]
236 ENMUND V. FLORIDA
[Syllabus]
236 BUMPER V. NORTH CAROLINA
[Syllabus]
236 SOUTH CAROLINA V. GATHERS
[Opinion]
236 JUREK V. TEXAS
[Concurrence]
223
[Syllabus]
223 MILLER-EL V. COCKRELL
[Syllabus]
The Fifth Circuit erred when it declined to issue a certificate of appealability to review the District Court's denial of habeas relief to petitioner.
223 ARIZONA V. FULMINANTE
[Concur in part, dissent in part]
223 STANDARD OIL CO. OF NEW JERSEY V. UNITED STATES
[Concur in part, dissent in part]
223 JOHNSON V. LOUISIANA
[Concurrence]
223 CHEROKEE NATION V. GEORGIA
[Dissent]
223 STANDARD OIL CO. OF NEW JERSEY V. UNITED STATES
[Concur in part, dissent in part]
223 ARIZONA V. FULMINANTE
[Concur in part, dissent in part]
223 UNITED STATES V. SALERNO
[Dissent]
223 PARIS ADULT THEATRE I V. SLATON
[Dissent]
223 SCOTT V. SANDFORD
[Dissent]
223 NORTHERN PIPELINE CONSTR. CO. V. MARATHON PIPE LINE CO.
[Opinion]
193 WILLIAMS V. TAYLOR
[Syllabus]
1. Where both the federal district court judge and state trial court judge who had originally sentenced Petitioner to death concluded that counsel's deficient performance was prejudicial under the test this Court articulated in Strickland v. Washington, did the Fourth Circuit err in denying relief by reformulating the Strickland test so that: a. ineffective assistance of counsel claims may be assessed under the ""windfall"" analysis articulated in Lockhart v. Fretwell even where trial counsel's error was no ""windfall"" ; and b. The petitioner must show that absent counsel's deficient performance in the penalty phase, all twelve jurors would have voted for life imprisonment, even where state law would have mandated a life sentence if only one juror had voted for life imprisonment; and 2. Did the Fourth Circuit err in concluding that, under 28 U.S.C. 2254(d)(1), a state habeas court's decision to deny a federal constitutional claim cannot be ""contrary to "" clearly established Federal law as determined by the Court unless it is in ""square conflict"" with a decision of this Court that is controlling as to law and fact""? 3. Did the Fourth Circuit err in concluding that, under 28 U.S.C. 2254(d)(1), a state habeas court's decision to deny a federal constitutional claim cannot involve ""an unreasonable application of"" clearly established Federal law as determined by the Court unless the state court's decision is predicated on an interpretation or application of relevant precedent that ""reasonable jurists would all agree is unreasonable""?
193 LAMBRIX V. SINGLETARY, SECRETARY, FLORIDA DEP'T OF CORRECTIONS, 520 U.S. 518 (1997)
[Syllabus]
193 MILLER-EL V. DRETKE
[Syllabus]
193 BANKS V. DRETKE
[Syllabus]
In this Texas capital case, the Fifth Circuit (in an unpublished order) overturned the district court's issuance of habeas corpus relief as to Petitioner Delma Banks' sentence. Banks contends that the Court of Appeals reached this result only by misapplying and misinterpreting well-established 'precedents of this Court regarding, inter alia, prosecutorial misuse of peremptory challenges to exclude African Americans from Banks' petit jury, and trial counsel's ineffective assistance of counsel. Specifically, Banks seeks review by this Court of the following questions: 1. Did the Fifth Circuit commit legal error in rejecting Banks' Brady claim— that the prosecution suppressed material witness impeachment evidence that prejudiced him in the penalty phase of his trial--on the grounds that: (a) the evidence supporting the claim was procedurally defaulted, notwithstanding the fact that, like in Strickler v. Greene, 527 U.S. 263 (1999), there was no reasonable basis for concluding that counsel for Banks could have discovered the suppressed evidence prior to or during that trial or state post-conviction proceedings; and (b) the suppressed evidence was immaterial to Banks' death sentence, where the panel neglected to consider that the trial prosecutors viewed the evidence to be of utmost importance to showing a capital sentence was appropriate? 2.Did the Fifth Circuit act contrary to Stricland v. Washington, 466 U.S. 668 (1984)and Williams v. Taylor, 529 U.S. 362 (2000),where it weighed each item of mitigating evidence separately and concluded that no single category would have brought a different result at sentencing without weighing the impact of the evidence collectively? 3. Did the Fifth Circuit act contrary to Harris v. Nelsen, 394 U.S. 286 (1969)and Withrow v. Williams, 507 U.S. 680 (1993) in holding that Fed. R. Civ. P. 15(b) does not apply to habeas proceeding because evidentiary hearings in those proceedings are not similar to civil trials? 4. Did the Fifth Circuit err in refusing to consider Bank's jury discrimination claim--virtually identical to one this Court is consider Bank's jury discrimination claim-- virtually identical to one this Court is considering in Miller-El v. Cockrell (No.01-7662)--based upon its conclusions that: (a) the state court's rejection of that claim rested upon an adequate and independent state ground; and that (b) there was inadequate prejudice to Mr. Bank's interest to excuse his counsel's failing to present, at trail, direct and statistical evidence of the prosecution's consistent policy of using peremptory challenges to keep African Americans off felony juries?
193 EDDINGS V. OKLAHOMA
[Dissent]
193 CHAMBERS V. FLORIDA
[Opinion]
193 HURTADO V. CALIFORNIA
[Opinion]
193 JOHNSON V. LOUISIANA
[Syllabus]
193 EDDINGS V. OKLAHOMA
[Syllabus]
193 REID V. COVERT
[Opinion]
193 IN RE GAULT
[Concurrence]
193 PALKO V. CONNECTICUT
[Opinion]
193 JOSEPH BURSTYN, INC. V. WILSON
[Concurrence]
193 BERGER V. NEW YORK
[Dissent]
193 IN RE GAULT
[Dissent]
193 ROE V. WADE
[Opinion]
193 UNITED STATES TRUST COMPANY OF NEW YORK V. NEW JERSEY
[Opinion]
193 BATES V. STATE BAR OF ARIZONA
[Opinion]
149 TENNARD V. DRETKE
[Syllabus]
149 JONES V. UNITED STATES
[Syllabus]
149 ABDUL-KABIR V. QUARTERMAN
[Syllabus]
149 HARMELIN V. MICHIGAN
[Dissent]
149 PROFFITT V. FLORIDA
[Syllabus]
149 SOUTH CAROLINA V. GATHERS
[Dissent]
149 BELL V. OHIO
[Syllabus]
149 GIDEON V. WAINWRIGHT
[Opinion]
149 GREGG V. GEORGIA
[Concur in part, dissent in part]
149 BAILEY V. DREXEL FURNITURE COMPANY
[Opinion]
149 ALLEN V. WRIGHT
[Opinion]
149 WOODSON V. NORTH CAROLINA
[Dissent]
149 VALLEY FORGE CHRISTIAN COLLEGE V. AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, INC.
[Opinion]
149 DUNCAN V. LOUISIANA
[Syllabus]
149 SLAUGHTERHOUSE CASES
[Syllabus]
1000 RING V. ARIZONA
[Syllabus]
Walton v. Arizona, 497 U. S. 639, is irreconcilable with Apprendi v. New Jersey, 530 U. S. 466, and is, accordingly, overruled to the extent that it allows a sentencing judge, sitting without a jury, to find an aggravating circumstance necessary for imposition of the death penalty, see 497 U. S., at 647-649. Because Arizona's enumerated aggravating factors operate as "the functional equivalent of an element of a greater offense," Apprendi, 530 U. S., at 494, n. 19, the Sixth Amendment requires that they be found by a jury.
995 ROPER V. SIMMONS
[Syllabus]
806 BAZE V. REES
[Syllabus]
779 MORGAN V. ILLINOIS, 504 U.S. 719 (1992).
[Syllabus]
733 MILLER-EL V. DRETKE
[Syllabus]
731 UTTECHT V. BROWN
[Syllabus]
720 LOVING V. UNITED STATES, 517 U.S. 748 (1996).
[Syllabus]
691 ATKINS V. VIRGINIA
[Syllabus]
Executions of mentally retarded criminals are "cruel and unusual punishments" prohibited by the Eighth Amendment.
662 HARMELIN V. MICHIGAN, 501 U.S. 957 (1991)
[Syllabus]
587 PANETTI V. QUARTERMAN
[Syllabus]
572 BUCHANAN V. ANGELONE, 522 U.S. 269 (1998)
[Syllabus]
566 PAYNE V. TENNESSEE, 501 U.S. 808 (1991)
[Syllabus]
537 BANKS V. DRETKE
[Syllabus]
In this Texas capital case, the Fifth Circuit (in an unpublished order) overturned the district court's issuance of habeas corpus relief as to Petitioner Delma Banks' sentence. Banks contends that the Court of Appeals reached this result only by misapplying and misinterpreting well-established 'precedents of this Court regarding, inter alia, prosecutorial misuse of peremptory challenges to exclude African Americans from Banks' petit jury, and trial counsel's ineffective assistance of counsel. Specifically, Banks seeks review by this Court of the following questions: 1. Did the Fifth Circuit commit legal error in rejecting Banks' Brady claim— that the prosecution suppressed material witness impeachment evidence that prejudiced him in the penalty phase of his trial--on the grounds that: (a) the evidence supporting the claim was procedurally defaulted, notwithstanding the fact that, like in Strickler v. Greene, 527 U.S. 263 (1999), there was no reasonable basis for concluding that counsel for Banks could have discovered the suppressed evidence prior to or during that trial or state post-conviction proceedings; and (b) the suppressed evidence was immaterial to Banks' death sentence, where the panel neglected to consider that the trial prosecutors viewed the evidence to be of utmost importance to showing a capital sentence was appropriate? 2.Did the Fifth Circuit act contrary to Stricland v. Washington, 466 U.S. 668 (1984)and Williams v. Taylor, 529 U.S. 362 (2000),where it weighed each item of mitigating evidence separately and concluded that no single category would have brought a different result at sentencing without weighing the impact of the evidence collectively? 3. Did the Fifth Circuit act contrary to Harris v. Nelsen, 394 U.S. 286 (1969)and Withrow v. Williams, 507 U.S. 680 (1993) in holding that Fed. R. Civ. P. 15(b) does not apply to habeas proceeding because evidentiary hearings in those proceedings are not similar to civil trials? 4. Did the Fifth Circuit err in refusing to consider Bank's jury discrimination claim--virtually identical to one this Court is consider Bank's jury discrimination claim-- virtually identical to one this Court is considering in Miller-El v. Cockrell (No.01-7662)--based upon its conclusions that: (a) the state court's rejection of that claim rested upon an adequate and independent state ground; and that (b) there was inadequate prejudice to Mr. Bank's interest to excuse his counsel's failing to present, at trail, direct and statistical evidence of the prosecution's consistent policy of using peremptory challenges to keep African Americans off felony juries?
524 MILLER-EL V. COCKRELL
[Syllabus]
The Fifth Circuit erred when it declined to issue a certificate of appealability to review the District Court's denial of habeas relief to petitioner.
516 ARAVE V. CREECH, 507 U.S. 463 (1993).
[Syllabus]
485 JONES V. UNITED STATES
[Syllabus]
454 ABDUL-KABIR V. QUARTERMAN
[Syllabus]
443 SAWYER V. SMITH, 497 U.S. 227 (1990)
[Syllabus]
422 WILLIAMS V. TAYLOR
[Syllabus]
1. Where both the federal district court judge and state trial court judge who had originally sentenced Petitioner to death concluded that counsel's deficient performance was prejudicial under the test this Court articulated in Strickland v. Washington, did the Fourth Circuit err in denying relief by reformulating the Strickland test so that: a. ineffective assistance of counsel claims may be assessed under the ""windfall"" analysis articulated in Lockhart v. Fretwell even where trial counsel's error was no ""windfall"" ; and b. The petitioner must show that absent counsel's deficient performance in the penalty phase, all twelve jurors would have voted for life imprisonment, even where state law would have mandated a life sentence if only one juror had voted for life imprisonment; and 2. Did the Fourth Circuit err in concluding that, under 28 U.S.C. 2254(d)(1), a state habeas court's decision to deny a federal constitutional claim cannot be ""contrary to "" clearly established Federal law as determined by the Court unless it is in ""square conflict"" with a decision of this Court that is controlling as to law and fact""? 3. Did the Fourth Circuit err in concluding that, under 28 U.S.C. 2254(d)(1), a state habeas court's decision to deny a federal constitutional claim cannot involve ""an unreasonable application of"" clearly established Federal law as determined by the Court unless the state court's decision is predicated on an interpretation or application of relevant precedent that ""reasonable jurists would all agree is unreasonable""?
399 LAMBRIX V. SINGLETARY, SECRETARY, FLORIDA DEP'T OF CORRECTIONS, 520 U.S. 518 (1997)
[Syllabus]
329 TENNARD V. DRETKE
[Syllabus]
277 SAWYER V. WHITLEY, 505 U.S. 333 (1992).
[Syllabus]
269 KANSAS V. MARSH
[Syllabus]
241 WALTON V. ARIZONA, 497 U.S. 639 (1990)
[Syllabus]
240 FLORIDA V. NIXON
[Syllabus]
226 LANKFORD V. IDAHO, 500 U.S. 110 (1991)
[Syllabus]
212 BROWN V. SANDERS
[Syllabus]
208 SATTAZAHN V. PENNSYLVANIA
[Syllabus]
Neither the Fifth Amendment's Double Jeopardy Clause nor the Fourteenth Amendment's Due Process Clause barred Pennsylvania from seeking the death penalty against petitioner on retrial when he was given a life sentence at his first trial.
189 SHAFER V. SOUTH CAROLINA
[Syllabus]
The South Carolina Supreme Court incorrectly interpreted Simmons v. South Carolina, 512 U. S. 154, when it declared that case inapplicable to South Carolina's current sentencing scheme.
184 MONGE V. CALIFORNIA, 524 U.S. 721 (1998)
[Syllabus]
179 CALDERON V. THOMPSON, 523 U.S. 538 (1998)
[Syllabus]
176 SCHRIRO V. LANDRIGAN
[Syllabus]
172 HOPKINS V. REEVES, 524 U.S. 88 (1998)
[Syllabus]
172 PENRY V. JOHNSON
[Syllabus]
The jury instructions at Penry's resentencing for capital murder did not comply with the Court's mandate in Penry v. Lynaugh, 492 U. S. 302; the admission into evidence of statements from a psychiatric report based on an uncounseled interview with Penry did not run afoul of the Fifth Amendment.
172 BOULWARE V. UNITED STATES
[Syllabus]
166 DECK V. MISSOURI
[Syllabus]
164 JOHNSON V. TEXAS, 509 U.S. 350 (1993).
[Syllabus]
164 TUILAEPA V. CALIFORNIA, 512 U.S. 967 (1994).
[Syllabus]
155 BROWN V. PAYTON
[Syllabus]
155 WEEKS V. ANGELONE
[Syllabus]
1. Is there any ""compelling"" reason to review the Fourth Circuit's application of this Court's recent decision in Buchannan V. Angelone, 118 S. Ct. 757 (1998), to the facts of petitioner's case, which are substantially indistinguishable from those in Buchanan?"
155 ROMANO V. OKLAHOMA, 512 U.S. 1 (1994).
[Syllabus]
149 O'DELL V. NETHERLAND, WARDEN, 117 S.CT. 1969, 138 L.ED.2D 351 (1997).
[Syllabus]
143 AYERS V. BELMONTES
[Syllabus]
136 SIMMONS V. SOUTH CAROLINA, 512 U.S. 154 (1994).
[Syllabus]
136 MCKUNE V. LILE
[Syllabus]
The Tenth Circuit's judgment-that Kansas prison officials' threat to reduce respondent inmate's privilege status and transfer him to maximum security if he refused to participate in a sexual abuse treatment program constituted compelled self-incrimination violative of the Fifth Amendment-is reversed, and the case is remanded.
129 RICHMOND V. LEWIS, 506 U.S. 56 (1992).
[Syllabus]
129 SCHAD V. ARIZONA, 501 U.S. 624 (1991)
[Syllabus]
129 HARRIS V. ALABAMA, 513 U.S. 504 (1995).
[Syllabus]
129 SOCHOR V. FLORIDA, 504 U.S. 527 (1992).
[Syllabus]
128 BELL V. CONE
[Syllabus]
Respondent's claim that his counsel rendered ineffective assistance during his sentencing hearing was governed by Strickland v. Washington, 466 U. S. 668, and the Tennessee Court of Criminal Appeals' rejection of his claim neither was "contrary to" nor involved "an unreasonable application of clearly established Federal law" under 28 U. S. C. §2254(d)(1).
118 GRAHAM V. COLLINS, 506 U.S. 461 (1993).
[Syllabus]
118 SCHRIRO V. SUMMERLIN
[Syllabus]
1) Did the 9th Circuit err by holding that the new rule announced in Ring v. Arizona is substantive, rather than procedural, and therefore exempt from the retroactivity analysis of Teague v. Lane, 489 U.S. 288 (1989)? (2) Did the 9th Circuit err by holding that the new rule announced in Ring applies retroactively to cases on collateral review under Teague's exception for watershed rules of criminal procedure that alter bedrock procedural principles and seriously enhance the accuracy of the proceedings?
118 HERRERA V. COLLINS, 506 U.S. 390 (1993)
[Syllabus]
118 LEWIS V. UNITED STATES, 523 U.S. 155 (1998)
[Syllabus]
118 DRETKE V. HALEY
[Syllabus]
Whether the "actual innocence" exception to the procedural default rule concerning federal habeas corpus claims should apply to noncapital sentencing errors?
113 JONES V. UNITED STATES
[Syllabus]
113 ROMPILLA V. BEARD
[Syllabus]
107 WISCONSIN V. MITCHELL, 508 U.S. 47 (1993).
[Syllabus]
107
[Syllabus]
92 YARBOROUGH V. ALVARADO
[Syllabus]
(1) Whether, in applying the objective test for a "custody" determination under Miranda v. Arizona, 384 U.S. 436 (1966), a court must consider the age and experience of a person if he or she is a juvenile? (2) Whether a state court adjudication can be deemed an "objectively unreasonable" application of clearly established Supreme Court precedent, for the purposes of 28 U.S.C. § 2254(d), because it declines to "extend" the rule of a Supreme Court precedent to a new context.
92 GRAY V. NETHERLAND, WARDEN, 117 S. CT. 110, 137 L. ED. 2D 234 (1996)
[Syllabus]
92 WOODFORD V. GARCEAU
[Syllabus]
For purposes of applying the rule in Lindh v. Murphy, 521 U. S. 320, a case does not become "pending" until an actual application for habeas relief is filed in federal court; respondent's application is subject to the Antiterrorism and Effective Death Penalty Act of 1996 because it was not filed until after AEDPA's effective date.
92
[Syllabus]
92 FELKER V. TURPIN, WARDEN, 518 U.S. 1051 (1996).
[Syllabus]
92 SNYDER V. LOUISIANA
[Syllabus]
92 WILLIAMS V. TAYLOR
[Syllabus]
2. Whether 28 U.S.C. sec. 2254 (e) (2), which prohibits a federal habeas court from holding an evidentiary hearing only ""if the applicant has failed to develop the factual basis of a claim in State Court proceedings, ""governs petitioner's claims where throughout state proceedings, the state suppressed the relevant facts, denied petitioner's discovery requests, denied all investigative and expert resources to investigate, develop, and discover claims, and denied an evidentiary hearing."
92 BRADSHAW V. STUMPF
[Syllabus]
92 STEWART V. MARTINEZ-VILLAREAL, 523 U.S. 637 (1998)
[Syllabus]
92 CUNNINGHAM V. CALIFORNIA
[Syllabus]
92 HAMDAN V. RUMSFELD
[Syllabus]
92 MAYLE V. FELIX
[Syllabus]
92 SNYDER V. LOUISIANA
[Syllabus]
71 RICE V. COLLINS
[Syllabus]
71 GONZALEZ V. CROSBY
[Syllabus]
71 JOHNSON V. UNITED STATES
[Syllabus]
71 PHILIP MORRIS USA V. WILLIAMS
[Syllabus]
71 CALDERON V. ASHMUS, 523 U.S. 740 (1998)
[Syllabus]
71 EDWARDS V. CARPENTER
[Syllabus]
Whether a federal habeas court is barred from considering an ineffective-assistance-of-counsel claim as "" cause"" for the procedural default of another habeas claim when the ineffective-assistance claim is itself procedurally defaulted."
71 WOODFORD V. NGO
[Syllabus]
71 BRACY V. GRAMLEY, WARDEN, 520 U.S. 899 (1997).
[Syllabus]
71 SANCHEZ-LLAMAS V. OREGON
[Syllabus]
71 PACE V. DIGUGLIELMO
[Syllabus]
71 AMERICAN INS. ASSN. V. GARAMENDI
[Syllabus]
California's Holocaust Victim Insurance Relief Act (HVIRA) requires California insurers to provide extensive information regarding every insurance policy issued in Nazi dominated Europe between 1920 and 1945 by any insurer with which the California insurer now has a legal relationship. The district court enjoined enforcement of the Act on three constitutional grounds: interference with the federal government's power over foreign affairs, due process, and the Foreign Commerce Clause. Over the objections of the U.S. government and affected foreign governments, and in direct conflict with Gerling Global Reinsurance Corp. v. Gallagher, 267 F.3d 1228 (11th Cir. 2001), the Ninth Circuit reversed and upheld the HVIRA in all respects. 1. Whether the HVIRA, which the U.S. government has called an actual interference with U.S. foreign policy, and which affected foreign governments have protested as inconsistent with international agreements, violates the foreign affairs doctrine of Zschering v. Miller, 389 U.S. 429 (1968). 2. Whether the HVIRA, which attempts to regulate insurance transactions that occurred overseas between foreign parties more than half a century ago, exceeds California's legislative jurisdiction under the Due Process Clause. 3. Whether the McCarran-Ferguson Act, 15 U.S.C. 1011-1015, insulates the HVIRA form review under the Foreign Commerce Clause.
71 RHINES V. WEBER
[Syllabus]
71 ARTUZ V. BENNETT
[Syllabus]
Is a state court post-conviction application ""properly filed"" within the meaning of 28 U.S.C. 2244(d)(2), which tolls the one-year statute of limitations for Habeas corpus petitions in the Anti-Terrorism and Effective Death Penalty Act of 1996, if it is filed in a court that does not have the power to hear the merits of the application?"
71 TYLER V. CAIN
[Syllabus]
The rule in Cage v. Louisiana, 498 U. S. 39-that a jury instruction is unconstitutional if there is a reasonable likelihood that the jury understood it to allow conviction without proof beyond a reasonable doubt-was not "made retroactive to cases on collateral review by the Supreme Court," within the meaning of 28 U. S. C. §2244(b)(2)(A).
71 MARTIN V. HADIX
[Syllabus]
71
[Syllabus]
71 EVANS V. CHAVIS
[Syllabus]
71 DUNCAN V. WALKER
[Syllabus]
A federal habeas petition is not an "application for State post-conviction or other collateral review" within 28 U. S. C. §2244(d)(2)'s meaning, so that provision did not toll the limitation period for filing respondent's second federal habeas petition during the pendency of his first federal habeas petition.
71 INS V. ST. CYR
[Syllabus]
Amendments that the Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 made to the Immigration and Nationality Act did not affect the federal courts' habeas jurisdiction to decide pure questions of law; nor did they affect the availability of discretionary relief from deportation for aliens whose convictions were obtained through plea agreements before the amendments' effective dates.
71 PLILER V. FORD
[Syllabus]
(1) Whether the dismissal of a "mixed" habeas corpus petition is improper unless the district court informs the petitioner about the possibility of a stay of the proceeding pending exhaustion of state remedies and advises the petitioner with respect to the statute of limitations in the event of any refiling? (2) Whether a second, untimely habeas petition may relate back to a first habeas petition, where the first habeas petition was dismissed and the first proceeding is no longer proceeding?
71 LOCKYER V. ANDRADE
[Syllabus]
The Ninth Circuit erred in ruling that the California Court of Appeal's decision affirming Andrade's sentence for a "third strike" conviction is contrary to, or an unreasonable application of, this Court's clearly established law within the meaning of 28 U. S. C. §2254(d)(1).
71 CAREY V. SAFFOLD
[Syllabus]
As used in 28 U. S. C. §2244(d)(2), which tolls the limitations period for filing federal habeas petitions while a petition for state collateral relief is "pending," the term "pending" covers the time between a lower state court's decision and the filing of a notice of appeal to a higher state court; that rule applies to California's collateral review system; and the case is remanded for reconsideration of the question whether respondent's state petition was timely filed.
71 LINDH V. MURPHY, WARDEN, 117 S.CT. 2059, 138 L.ED.2D 481 (1997).
[Syllabus]
71 SLACK V. MCDANIEL
[Syllabus]
If a person's petition for habeas corpus under 28 U.S.C. 2254 is dismissed for failure to exhaust state remedies and he subsequently exhaust his state remedies and refiles the 2254 petition, are claims included within that petition that were not included within his initial 2254 filing ""second or successive"" habeas applications?
71 HOHN V. UNITED STATES, 524 U.S. 236 (1998)
[Syllabus]
71 FRY V. PLILER
[Syllabus]