Gaskins v. McKellar, 500 U.S. 961 (1991). · Go Syfert
Gaskins v. McKellar, 500 U.S. 961 (1991). Cases Citing This Book View Copy Cite
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A question regarding whether a prior decision announced a new rule is not presented if the specific instructional error addressed in that prior decision is absent from the current record.

A petitioner seeks review of a judgment following a conviction, raising the question of whether a prior decision regarding improper jury instructions constitutes a new rule of law. The petitioner argues that the previous decision established a new rule, but the record shows that the jury instructions in the present case did not include the flawed language previously identified as improper. Because the specific error involving the requirement that a doubt must be as would give rise to a grave uncertainty is absent from the current case, the question of whether a new rule was announced is not presented. The Court declines to grant certiorari.

192 citation events (7 in the last 25 years) across 21 distinct courts.
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At page 961 “must be a doubt as would give rise to a grave uncertainty”5 citing cases5 citing courts quote it
  • Coral v. State, 628 So. 2d 954 (Ala. Crim. App. 1992).published 2 cites
    (wherein, in a memorandum opinion, Justice Stevens stated that he thought that the Court correctly decided not to grant certiorari on the question of whether Cage announced a new rule, because the jury instructions to be…)
  • McGee v. State, 594 So. 2d 219 (Ala. Crim. App. 1991).published 2 cites
    (where, in a memorandum opinion, Justice Stevens stated that he thought the Court correctly decided not to grant certiorari on the question of whether Cage announced a new rule because the jury instructions to be reviewe…)
  • McMillian v. State, 594 So. 2d 1253 (Ala. Crim. App. 1991).published 2 cites
    (wherein, in a memorandum opinion, Justice Stevens stated that he thought the Court correctly decided not to grant certiorari on the question of whether Cage announced a new rule because the jury instructions to be revie…)
  • Haney v. State, 603 So. 2d 368 (Ala. Crim. App. 1991).published 2 cites
    (wherein, in a memorandum opinion, Justice Stevens stated that he thought the Court correctly decided not to grant certiorari on the question of whether Cage announced a new rule, because the jury instructions to be revi…)
  • Earhart v. State, 593 So. 2d 119 (Ala. Crim. App. 1991).published
111 S. Ct. at 2277 where, in a memorandum opinion, Justice Stevens stated that he thought the Court correctly decided not to grant certiorari on the question of whether Cage announced a new rule because the jury instructions to be reviewed did not contain the specific language condemned in Cage , that a reasonable do…2 citing cases1 citing court put it this way
  • State v. Hudson, 415 S.E.2d 732 (N.C. 1992).published 3 cites
    Id. at____, 111 S.Ct. at 2277, 114 L.Ed.2d at 728-29 (Stevens, J., concurring). [5] Defendant also urges that this case is somehow controlled by State v. Shank, 322 N.C. 243 , 367 S.E.2d 639 (1988).
  • Mack v. State, 607 So. 2d 314 (Ala. Crim. App. 1992).published 2 cites
    (where, in a memorandum opinion, Justice Stevens stated that he thought the Court correctly decided not to grant certiorari on the question of whether Cage announced a new rule because the jury instructions to be reviewe…)
Other citing cases26 with no pin cite or quoted language on record
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Donald H. Gaskins
v.
Kenneth D. McKellar Warden, South Carolina Department of Corrections
90-7469.
Supreme Court of the United States.
Jun 3, 1991.
Published opinion
500 U.S. 961
1991 U.S. LEXIS 3217
Marshall.
Cited by 83 opinions  |  Published
Reporter's Syllabus editorial summary, not part of the Court's opinion

See U.S., 112 S.ct. 14.

On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit.

The petition for a writ of certiorari is denied.

Opinion of Justice STEVENS, respecting the denial of the petition for a writ of certiorari.

One of the questions presented in the certiorari petition is whether our per curiam decision in Cage v. Louisiana, --- U.S. ----, 111 S.Ct. 328, 112 L.Ed.2d 339 (1990), announced a new rule. This question, however, would only be presented by the record if the instructions in this case contained the same flaw as the instructions in Cage. In Cage, the jury was instructed that a reasonable doubt "must be a doubt as would give rise to a grave uncertainty. . . ." Id., at ----, 111 S.Ct., at 329. Because the instructions to the jury in this case did not contain this improper language, the question whether Cage announced a new rule is not actually presented here. For this reason, I think the Court has correctly decided not to grant certiorari to review that question.

Justice MARSHALL, dissenting:

Lead Opinion

C. A. 4th Cir. Certiorari denied. Justice Blackmun would grant certiorari, vacate the judgment, and remand the case for further consideration in light of Yates v. Evatt, ante, p. 391.

Opinion of Justice Stevens respecting the denial of the petition for a writ of certiorari.

One of the questions presented in the certiorari petition is whether our per curiam decision in Cage v. Louisiana, 498 U. S. 39 (1990), announced a new rule. This question, however, would only be presented by the record if the instructions in this case contained the same flaw as the instructions in Cage. In Cage, the jury was instructed that a reasonable doubt “ ‘must be [a] doubt as would give rise to a grave uncertainty. . . .’” Id., at 40 (emphasis omitted). Because the instructions to the jury in this case did not contain this improper language, the question whether Cage announced a new rule is not actually presented here. For this rea[*962]son, I think the Court has correctly decided not to grant certiorari to review that question.

Dissent

Justice Marshall,

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, 231 (1976), I would grant certiorari and vacate the death sentence in this case.