Pinkerton v. McCotter, 476 U.S. 1109 (1986). · Go Syfert
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Pinkerton v. McCotter, 476 U.S. 1109 (1986). Cases Citing This Book View Copy Cite
38 citation events (2 in the last 25 years) across 6 distinct courts.
Strongest positive: Rissler & McMurry Co. v. State (wyo, 1996-06-05)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
cited Cited "see" Rissler & McMurry Co. v. State
Wyo. · 1996 · signal: see · confidence high
See Cheyenne Airport Board v. Rogers, 707 P.2d 717 (Wyo.1985), dismissed, 476 U.S. 1110 , 106 S.Ct. 1961 , 90 L.Ed.2d 647 (1986).
cited Cited "see" Department of the Treasury v. Federal Labor Relations Authority
D.C. Cir. · 1988 · signal: see · confidence high
See Defense Language Inst. v. FLRA, 767 F.2d 1398 , 1401 (9th Cir.1985), cert. dismissed, 476 U.S. 1110 , 106 S.Ct. 2004 , 90 L.Ed.2d 647 (1986).
discussed Cited "see" Department Of The Treasury, Bureau Of Alcohol, Tobacco And Firearms v. Federal Labor Relations Authority
D.C. Cir. · 1988 · signal: see · confidence high
See Defense Language Inst. v. FLRA, 767 F.2d 1398 , 1401 (9th Cir.1985), cert. dismissed, 476 U.S. 1110 , 106 S.Ct. 2004 , 90 L.Ed.2d 647 (1986). 22 Finally, we note that our decision is fully consistent with our earlier consideration of NTEU, the case on which the FLRA based its decision.
examined Cited "see" U.S. Department of Health & Human Services v. Federal Labor Relations Authority (3×) also: Cited "see, e.g."
4th Cir. · 1988 · signal: see · confidence high
See Defense Language Institute v. FLRA, 767 F.2d 1398 , 1401 (9th Cir.1985) (because the current Circular “lacks meaningful standards to guide management’s discretion,” its application, like that of its precursor, is not amenable to judicial review), ce rt. dismissed, 476 U.S. 1110 , 106 S.Ct. 2004 , 90 L.Ed.2d 647 (1986).
examined Cited "see" U.S. Department Of Health And Human Services v. Federal Labor Relations Authority (3×) also: Cited "see, e.g."
4th Cir. · 1988 · signal: see · confidence high
See Defense Language Institute v. FLRA, 767 F.2d 1398 , 1401 (9th Cir.1985) (because the current Circular "lacks meaningful standards to guide management's discretion," its application, like that of its precursor, is not amenable to judicial review), cert. dismissed, 476 U.S. 1110 , 106 S.Ct. 2004 , 90 L.Ed.2d 647 (1986). 47 The Circular is thus not an "applicable law" under Sec. 7106, nor is its claimed violation grievable under Sec. 7103(a)(9)(C)(ii).
discussed Cited "see, e.g." U.S. Department Of Health And Human Services v. Federal Labor Relations Authority
4th Cir. · 1987 · signal: see, e.g. · confidence low
See, e.g., Defense Language Institute v. FLRA, 767 F.2d 1398 (9th Cir.1985), cert. dismissed, --- U.S. ----, 106 S.Ct. 2004 , 90 L.Ed.2d 647 (1986) (proposal requiring adherence to OMB Circular A-76 held nonnegotiable); EEOC v. FLRA, 744 F.2d 842 (D.C.Cir.1984), cert. dismissed, --- U.S. ----, 106 S.Ct. 1678 , 90 L.Ed.2d 19 (1986) (proposal requiring adherence to OMB Circular A-76 held negotiable); see also, American Federation of Government Employees, Local 1931 v. FLRA, 802 F.2d 1159 (9th Cir.1986) (management's policy of expeditious suspension of driving privileges held to be a nonnegotiabl…
discussed Cited "see, e.g." U.S. Department of Health & Human Services v. Federal Labor Relations Authority
4th Cir. · 1987 · signal: see, e.g. · confidence low
See, e.g., Defense Language Institute v. FLRA, 767 F.2d 1398 (9th Cir.1985), cert. dismissed, — U.S. -, 106 S.Ct. 2004 , 90 L.Ed.2d 647 (1986) (proposal requiring adherence to OMB Circular A-76 held nonnegotiable); EEOC v. FLRA, 744 F.2d 842 (D.C.Cir.1984), cert. dismissed, — U.S. -, 106 S.Ct. 1678 , 90 L.Ed.2d 19 (1986) (proposal requiring adherence to OMB Circular A-76 held negotiable); see also, American Federation of Government Employees, Local 1931 v. FLRA, 802 F.2d 1159 (9th Cir.1986) (management’s policy of expeditious suspension of driving privileges held to be a nonnegotiable in…
Retrieving the full opinion text from the archive…
Pinkerton
v.
McCotter, Director, Texas Department of Corrections
No. A-872.
Supreme Court of the United States.
May 14, 1986.
476 U.S. 1109
Brennan, Marshall, Whom.
Cited by 31 opinions  |  Published

Lead Opinion

Application for stay of execution of sentence of death, presented to Justice White, and by him referred to the Court, denied.

Dissent

Justice Brennan,

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, 227 (1976), I would grant the application for stay in order to give the applicant time to file a petition for writ of certiorari, and would grant the petition and vacate the sentence in this case.

Dissent

Justice Marshall, with whom Justice Brennan joins,

dissenting.

Applicant seeks a stay of execution, claiming that the Eighth and Fourteenth Amendments are offended by the State’s attempt to execute him for a crime he committed while a juvenile. This Court has not yet considered whether imposition of the death penalty for a minor’s crimes is so antagonistic to civilized notions of morality as to transgress the bounds imposed by the Constitution. I believe it is time for this Court to address this issue of profound significance. See Roach v. Aiken, 474 U. S. 1039 (1986) (Brennan, J., joined by Marshall, J., dissenting). Accordingly, I would grant the stay of execution in order to afford Pinkerton an opportunity to present his claim in a petition for certiorari.