Danial Siebert v. Alabama
Opinion
497 U.S. 1032 110 S.Ct. 3297 111 L.Ed.2d 806
Danial SIEBERT, petitioner v. ALABAMA.
No. 89-7528.
Case below, Ala.Cr.App., 555 So.2d 772 ; 555 So.2d 780 .
Petition for writ of certiorari to the Supreme Court of Alabama.
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June 28, 1990. Denied.
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Justice BRENNAN and Justice MARSHALL dissenting:
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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 , 96 S.Ct. 2909, 2950, 2973 , 49 L.Ed.2d 859 (1976), we would grant certiorari and vacate the death sentence in this case.
How later courts describe this case
Explanatory parentheticals written by citing courts — 7 in all; the most informative distinct ones are shown.
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(showing of pretrial publicity in each case inadequate to presume prejudice; actual prejudice standard applied)
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(Florida’s limiting construction that required the murder to be a “conscienceless or pitiless crime which is unnecessarily tortuous to the victim” was approved)
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(since trial judge and habeas judge were the same person, state judge is ordinarily in a better position to assess the facts)
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(“Counsel’s failure to except to the reinstruction is indicative of an acceptance .... Under these circumstances, defense counsel has failed to preserve the challenge to the court’s instructions”)
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(nine photographs of the gunshot wound to the victim's face were admissible)
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(multiple murders by one act, scheme, or course of conduct)
Cited by 258 cases
View all citing references →- U.S. Supreme Court1
- U.S. Courts of Appeals25
- Federal District Courts8
- Military Courts1
- State Highest Courts65
- State Appellate Courts158
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