TaiLexi AI U.S. Case Law

Berry v. King

Berry v. King, Secretary, Louisiana Department of Corrections

Berry v. King, 476 U.S. 1164 (1986)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of the United States
Decided
June 2, 1986
Docket
No. 85-5446
Judges
Brennan, Marshall
Citations
476 U.S. 1164106 S. Ct. 229090 L. Ed. 2d 7311986 U.S. LEXIS 1598

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

C. A. 5th Cir. Certiorari denied.

Dissent — Brennan

Text extracted by OCR from a scanned original; check the original for exact wording.

Justice Brennan,

dissenting.

Adhering to my view 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 (1976), I would grant certiorari and vacate the death sentence in this case.

Dissent — Marshall

Text extracted by OCR from a scanned original; check the original for exact wording.

Justice Marshall,

dissenting.

This is yet another capital case in which defense counsel failed to present any mitigation evidence whatsoever during the sentencing phase of a defendant’s trial. I believe that, except perhaps in the extraordinary case, counsel’s failure even to attempt to give the jury some reason for believing a defendant is not deserving of death denies defendant his Sixth Amendment right to the effective assistance of counsel. And I have yet to see that extraordinary case. I would grant the petition for certiorari and vacate the sentence.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1986: 219862026peak 1986 · 2

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

DepthCaseCited by
Gregg v. Georgia, 428 U.S. 153 (1976) 6,081

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list