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398 U.S. 936

90 S. Ct. 1846

26 L. Ed. 2d 267

Docket No. 486, Misc.

McGautha v. California

Supreme Court of the United States · decided 1970-06-01

Good law ✅— No negative treatment on recordhow we know

Decided 1970-06-01

How this case has been cited

Cited by 616 later decisions (25 by the Supreme Court) — most recently December 2016 · most notably Furman v. Georgia (1972), McGautha v. California (1971)

312 federal appellate · 36 district · 136 state decisions — followed in 33 states

396019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1

Motion for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of California granted limited to Question 1 presented by the petition which reads as follows:

¶2

'1. Does California's practice of allowing capital trial juries absolute discretion, uncontrolled by standards or directions of any kind, to impose the death penalty upon a defendant convicted of the crime of murder violate the Due Process Clause of the Fourteenth Amendment?'

¶3

Case transferred to the appellate docket and placed on the summary calendar.

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