Burger v. Zant, 467 U.S. 1212 (1984). · Go Syfert
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Burger v. Zant, 467 U.S. 1212 (1984). Cases Citing This Book View Copy Cite
44 citation events across 8 distinct courts.
Strongest positive: Vowell v. State (oklacrimapp, 1986-11-19)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited "see" Vowell v. State (2×)
Okla. Crim. App. · 1986 · signal: see · confidence high
See Stafford v. State, 669 P.2d 285 (Okl.Cr.1983), vacated on other grounds, 467 U.S. 1212 , 104 S.Ct. 2652 , 81 L.Ed.2d 359 (1984), on remand 697 P.2d 165 (1985).
discussed Cited "see" Standridge v. State (2×)
Okla. Crim. App. · 1985 · signal: accord · confidence high
Accord Stafford v. State, 669 P.2d *764 285 (Okl.Cr. 1983), remanded on other grounds, ___ U.S. ___, 104 S.Ct. 2652 , 81 L.Ed.2d 359 (1984).
discussed Cited "see" Christopher A. Burger, Cross-Appellant v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent- Cross-Appellee (2×)
11th Cir. · 1985 · signal: see · confidence high
See Burger v. State, 242 Ga. 28 , 247 S.E.2d 834 (1978) (murder conviction affirmed, sentence vacated, case remanded for resentencing), Burger v. State, 245 Ga. 458 , 265 S.E.2d 796 (1980) (death sentence affirmed), cert. denied, 448 U.S. 913 , 101 S.Ct. 31 , 65 L.Ed.2d 1175 (1980), Blake v. Zant, 513 F.Supp. 772, 787-803 (S.D.Ga.1981) (writ denied as to conviction but granted as to death sentence), rev’d, Burger v. Zant, 718 F.2d 979 (11th Cir.1983), rehr’g en banc denied, 726 F.2d 755 (11th Cir.1984), vacated, Burger v. Zant, — U.S.—, 104 S.Ct. 2652 , 81 L.Ed.2d 360 (1984) (remanded …
cited Cited "see, e.g." Thompson v. State
Okla. Crim. App. · 1985 · signal: see also · confidence low
See also Stafford v. State, 669 P.2d 285 (Okl.Cr.1983), case remanded on other grounds, 104 S.Ct. 2652 (1984).
Retrieving the full opinion text from the archive…
Burger
v.
Zant, Warden
No. 83-6413.
Supreme Court of the United States.
May 29, 1984.
467 U.S. 1212
Brennan, Certiorari, Johnson, Set, Stated.
Cited by 4 opinions  |  Published

C. A. 11th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted limited to Question 1(B) presented by the petition. The opinion of the United States District Court for the Southern District of Georgia on this question, which the Court of Appeals adopted without separate discussion, may be flawed in at least one respect. In judging the reasonableness of counsel’s decision not to present character evidence, the District Court apparently mistook the arguments counsel made at petitioner’s first, ultimately vacated, sentencing for the arguments counsel made at petitioner’s second sentencing, the proceeding whose result is challenged in this petition. Blake v. Zant, 513 F. Supp. 772, 796-798 (1981). Petitioner is entitled to an assessment of his ineffectiveness claim unaffected by this, as well as by any other, error. Accordingly, the judgment is vacated and the case is re[*1213] manded to the United States Court of Appeals for the Eleventh Circuit with instructions to reconsider the effectiveness of counsel’s assistance at petitioner’s second sentencing and for further consideration in light of Strickland v. Washington, 466 U. S. 668 (1984).

Justice Marshall would grant certiorari for the reasons stated in the dissenting opinion of Judge Johnson and set the case for oral argument. Justice Brennan:

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. 158, 227 (1976), I would grant certiorari and vacate the death sentence in this case.