488 U.S. 901 - McKenzie v. McCormick

How this case has been cited

Cited by 97 later decisions (1 by the Supreme Court) — most recently May 2022 · most notably United States v. Gomez-Norena (1990), State v. Lavers (1991)

35 federal appellate · 2 district · 50 state decisions

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.

Justice Brennan,

¶1dissenting.

¶2Adhering 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.

Justice Marshall,

¶3dissenting.

¶4Adhering 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, 231 (1976) (Marshall, J., dissenting), I would grant the petition for writ of certiorari and vacate the death sentence in this case. But even if I believed that the death penalty could be constitutionally imposed under certain circumstances, I would grant the petition and vacate petitioner’s death sentence for the reasons I expressed in McKenzie v. Montana, 449 U. S. 1050 (1980) (Marshall, J., dissenting from denial of certiorari).