Devier v. Kemp, 484 U.S. 948 (1987). · Go Syfert
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Devier v. Kemp, 484 U.S. 948 (1987). Cases Citing This Book View Copy Cite
45 citation events (4 in the last 25 years) across 12 distinct courts.
Strongest positive: United States v. Krout (ca5, 1995-10-06)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited "see" United States v. Krout
5th Cir. · 1995 · signal: see · confidence high
See United States v. Finestone, 816 F.2d 583, 587 (11th Cir.), cert. denied, 484 U.S. 948 , 108 S.Ct. 338 , 98 L.Ed.2d 365 (1987); United States v. Hawkins, 681 F.2d 1343, 1346 (11th Cir.), cert. denied, 459 U.S. 994 , 103 S.Ct. 354 , 74 L.Ed.2d 391 (1992).
cited Cited "see" United States v. Butler
11th Cir. · 1995 · signal: see · confidence high
See United States v. Finestone, 816 F.2d 583, 589 (11th Cir.), cert. denied, 484 U.S. 948 , 108 S.Ct. 338 , 98 L.Ed.2d 365 (1987).
cited Cited "see" United States v. Harvey Eugene Butler Justice Vandell Hudson, A/K/A Jet, Eugene Gantt, A/K/A Tap, Anthony Renard Webb, A/K/A Ant, Ricky Jackson, A/K/A Kerry, United States of America v. Lorenzo L. Hooks, A/K/A Peanut
11th Cir. · 1995 · signal: see · confidence high
See United States v. Finestone, 816 F.2d 583, 589 (11th Cir.), cert. denied, 484 U.S. 948 , 108 S.Ct. 338 , 98 L.Ed.2d 365 (1987).
discussed Cited "see" Darrell Gene Devier, Sr. v. Walter Zant, Warden, Georgia Diagnostic and Classification Center, Cross-Appellee. Darrell Gene Devier, Sr. v. Walter Zant, Warden, Georgia Diagnostic and Classification Center
11th Cir. · 1993 · signal: see · confidence high
See Devier v. State, 247 Ga. 635 , 277 S.E.2d 729 (1981) 2 See Devier v. State, 253 Ga. 604 , 323 S.E.2d 150 (1984) 3 See Devier v. Georgia, 471 U.S. 1009 , 105 S.Ct. 1877 , 85 L.Ed.2d 169 (1985) 4 See Devier v. Kemp, 484 U.S. 948 , 108 S.Ct. 338 , 98 L.Ed.2d 365 (1987) 5 In this petition, Devier raised the following claims: (1) he had been denied effective assistance of counsel at both the guilt and penalty phases of his trial; (2) the trial court admitted statements that were the result of an involuntary confession; (3) he had been denied a fair sentencing as a result of the admission of tes…
cited Cited "see" Devier v. Zant
11th Cir. · 1993 · signal: see · confidence high
See Devier v. Kemp, 484 U.S. 948 , 108 S.Ct. 338 , 98 L.Ed.2d 365 (1987). .
cited Cited "see" United States v. LeQuire
11th Cir. · 1991 · signal: see · confidence high
See United States v. Finestone, 816 F.2d 583, 589 (11th Cir.), cert. denied, 484 U.S. 948 , 108 S.Ct. 338 , 98 L.Ed.2d 365 (1987).
cited Cited "see" United States v. Charles Allen Lequire, Mike Jenkins, Jerry Allen Lequire, A/K/A Richard Martin, James Thomas Lequire, Robert Lequire, A/K/A Bob Martin, Bonnie Sue Anders, A/K/A Linda Hall, A/K/A Lynn Allen, A/K/A Ann Black, and Harold E. Ward, A/K/A Harold Hall
11th Cir. · 1991 · signal: see · confidence high
See United States v. Finestone, 816 F.2d 583, 589 (11th Cir.), cert. denied, 484 U.S. 948 , 108 S.Ct. 338 , 98 L.Ed.2d 365 (1987).
discussed Cited "see" United States v. Ruben Diaz
11th Cir. · 1990 · signal: see · confidence high
See United States v. Finestone, 816 F.2d 583, 588 (11th Cir.), cert. denied, 484 U.S. 948 , 108 S.Ct. 338 , 98 L.Ed.2d 365 (1987); United States v. Sans, 731 F.2d 1521, 1529-30 (11th Cir.1984), cert. denied, 469 U.S. 1111 , 105 S.Ct. 791 , 83 L.Ed.2d 785 (1985).
discussed Cited "see" United States v. Alfonso, 552 F.2d 605, 612
unknown court · signal: see · confidence high
See United States v. Finestone, 816 F.2d 583, 587 (11th Cir.), cert. denied, 484 U.S. 948 , 108 S.Ct. 338 , 98 L.Ed.2d 365 (1987); United States v. Hawkins, 681 F.2d 1343, 1346 (11th Cir.), cert. denied, 459 U.S. 994 , 103 S.Ct. 354 , 74 L.Ed.2d 391 (1992).
discussed Cited "see, e.g." Daniel Cummings, Jr. v. Marvin Polk, Warden, Central Prison, Raleigh, North Carolina Roy Cooper, Attorney General, State of North Carolina
4th Cir. · 2007 · signal: see also · confidence low
In my view, imposition of the death penalty in reliance on mere allegations of criminal behavior fails to comport with the .constitutional requirement of reliability.”); see also Devier v. Kemp, 484 U.S. 948, 949 , 108 S.Ct. 338 , 98 L.Ed.2d 365 (1987) (Marshall, J., dissenting) (“[T]he admission of evidence of unadjudicated crimes at the sentencing phase impinges on the unique constitutional concern for reliability in capital trials.”).
discussed Cited "see, e.g." United States v. Mmr Corporation (La) and James B. Rutland
5th Cir. · 1990 · signal: see also · confidence low
See United States v. Killian, 639 F.2d 206, 208-09 (5th Cir. Unit A), cert. denied, 451 U.S. 1021 , 101 S.Ct. 3014 , 69 L.Ed.2d 394 (1981); see also United States v. Finestone, 816 F.2d 583, 589 (11th Cir.), cert. denied, 484 U.S. 948 , 108 S.Ct. 338 , 98 L.Ed.2d 365 (1987); United States v. Walker, 796 F.2d 43, 49 (4th Cir.1986); United States v. Borelli, 336 F.2d 376, 388 (2d Cir.1964), cert. denied, 379 U.S. 960 , 85 S.Ct. 647 , 13 L.Ed.2d 555 (1965).
Retrieving the full opinion text from the archive…
Devier
v.
Kemp, Warden
No. 87-5505.
Supreme Court of the United States.
Nov 9, 1987.
484 U.S. 948
Brennan, Marshall, Whom.
Cited by 11 opinions  |  Published

Lead Opinion

Sup. Ct. Ga. Certiorari denied.

Dissent

Justice Marshall, with whom Justice Brennan joins,

dissenting.

Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth[*949] and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 231-241 (1976) (Marshall, J., dissenting), I would grant the petition for writ of certiorari. Yet even if I did not hold this view, I would grant the petition to resolve the question whether, or under what circumstances, evidence of crimes for which the defendant has not been tried or convicted may be introduced at the sentencing phase of a capital trial. As I recently argued in Williams v. Lynaugh, ante, p. 935 (Marshall, J., dissenting from denial of certiorari), the admission of evidence of unadjudicated crimes at the sentencing phase impinges on the unique constitutional concern for reliability in capital trials. The question whether the State may introduce such evidence without violating the Eighth and Fourteenth Amendments has also prompted a number of conflicting decisions nationwide. Compare State v. Bobo, 727 S. W. 2d 945, 952-953 (Tenn.) (unadjudicated-crimes evidence not admissible), cert. denied, ante, p. 872, and State v. Bartholomew, 101 Wash. 2d 631, 640-642, 683 P. 2d 1079, 1085-1086 (1984) (en banc) (same), with Milton v. State, 599 S. W. 2d 824, 827 (Tex. Crim. App. 1980) (en banc) (unadjudicated-crimes evidence admissible). This case again demonstrates that the Court should resolve this important question.

Petitioner Darrell Gene Devier was convicted of rape and murder and sentenced to death. At the sentencing phase of his trial, the State, over defense counsel’s objection, introduced the testimony of Linda Elrod. Ms. Elrod, a minor, testified that she had been raped by petitioner some six months before the crime for which he was on trial. Petitioner had never been tried for the alleged rape of Ms. Elrod. Moreover, the trial court did not instruct the jury that it had to find, by any particular standard of proof, that petitioner had raped Ms. Elrod before it could consider the evidence in determining his sentence. In short, the jury was presented with unproved but highly prejudicial allegations of criminal conduct, and was given no guidance on how to consider these allegations in determining whether death was an appropriate punishment. As in Williams, I maintain serious doubts whether the introduction of such evidence can be reconciled with the heightened need for reliability in death sentencing proceedings. I would therefore grant the petition for certiorari.