Milton v. McCotter, Director, Texas Department of Corrections

Charles Milton, Applicant v. O.L. McCotter Director, Texas Department of Corrections No. A-964

Milton v. McCotter, Dir., Tex. Dep't of Corr., 472 U.S. 1033 (1985)

Court: Supreme Court of the United States
Decided: June 25, 1985
Docket: No. A-964
Judges: Marshall
Citations: 472 U.S. 1033105 S. Ct. 351687 L. Ed. 2d 6451985 U.S. LEXIS 2360

Cited by 12 1 descriptions by later courts Original from court

Opinion of the Court

Application for stay of execution of sentence of death scheduled for Tuesday, June 25, 1985, presented to Justice White, and by him referred to the Court, denied.

Dissent — 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 and a petition for writ of certiorari and would vacate the death sentence in this case.

Combined text as published — syllabus, headnotes and all opinions in one document

472 U.S. 1033 105 S.Ct. 3516 87 L.Ed.2d 645

Charles MILTON, applicant, v. O.L. McCOTTER, Director, Texas Department of Corrections No. A-964

Supreme Court of the United States

June 25, 1985

The application for stay of execution of the sentence of death scheduled for Tuesday, June 25, 1985, presented to Justice White and by him referred to the Court is denied.

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, 337, 231 , 96 S.Ct. 2909, 2950, 2973 , 49 L.Ed.2d 859 (1976), we would grant the application for stay, a petition for writ of certiorari and vacate the death sentence in this case.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(aggravator satisfied where defendant, by a single and consecutive course of conduct contemplates and causes great risk of harm to more than one person)

Hogan v. Warden, 860 P.2d 710 (Nev. 1993)

Cited by 12 cases

View all citing references →

Relies on it most ⓘ

Jimmy L. Glass v. Frank Blackburn, Warden, Louisiana State Penitentiary at Angola, Louisiana791 F.2d 1165 (5th Cir. 1986)
State v. Sanders648 So. 2d 1272 (La. 1994)
State v. Code627 So. 2d 1373 (La. 1993)
Hogan v. Warden860 P.2d 710 (Nev. 1993)
Commonwealth v. Thomas539 A.2d 829 (Pa. 1988)
State v. Clark492 So. 2d 862 (La. 1986)

Most recent

State v. Sanders648 So. 2d 1272 (La. 1994)
State v. Jones639 So. 2d 1144 (La. 1994)
State v. Code627 So. 2d 1373 (La. 1993)
Hogan v. Warden860 P.2d 710 (Nev. 1993)
Commonwealth v. Phillips580 A.2d 840 (Pa. 1990)
Commonwealth v. Mehalic555 A.2d 173 (Pa. 1989)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Gregg v. Georgia, 428 U.S. 153 (1976)	6,081

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