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Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984
2005
2026
Top citers, strongest first. 16 distinct citers.
How cited ↗
examined
Cited "see"
Robert Dale Henderson v. Richard L. Dugger, Secretary, Florida Department of Corrections
(3×)
See Sullivan v. Wainwright, 695 F.2d 1306, 1312 (11th Cir.) (“The trial judge did not denominate lack of remorse as an aggravating factor, but noted it in his findings.’’), cert. denied, 464 U.S. 922 , 104 S.Ct. 290 , 78 L.Ed.2d 266 (1983). 42 .
examined
Cited "see"
Clark v. Moran
(3×)
See Sullivan v. Wainwright, 695 F.2d 1306, 1309 (11th Cir.), cert. denied, 464 U.S. 922 , 104 S.Ct. 290 , 78 L.Ed.2d 266 (1983).
examined
Cited "see"
United States Ex Rel. Silagy v. Peters
(3×)
Estelle v. Smith, 451 U.S. at 468 [ 101 S.Ct. at 1875 ].” (Page 131, Petitioner’s Memorandum in Support of Petition for Writ of Habeas Corpus.) Nonetheless, he argues that subsequent cases have held that “the fact that the defense requested the examination does not obviate the necessity for giving the Miranda warnings where the defense did not request ... an examination on the question of future dangerousness.” Battie v. Estelle, 655 F.2d 692, 702 (5th Cir.1981); Accord Booker v. Wainwright, 703 F.2d 1251, 1256 (11th Cir.), cert. denied, 464 U.S. 922 , 104 S.Ct. 290 , 78 L.Ed.2d 266 (1…
examined
Cited "see"
Lenson A. Hargrave v. Richard L. Dugger, Secretary, Department of Corrections, State of Florida
(3×)
It would be difficult to characterize the Lockett claim as "available" during petitioner's trial.... 31 Foster v. Strickland, 707 F.2d 1339, 1347 (11th Cir.1983), cert. denied, 466 U.S. 993 , 104 S.Ct. 2375 , 80 L.Ed.2d 847 (1984); see Sullivan v. Wainwright, 695 F.2d 1306, 1311 (11th Cir.), cert. denied, 464 U.S. 922 , 104 S.Ct. 290 , 78 L.Ed.2d 266 (1983). 32 At the time Hargrave filed his appellate brief in state court, Cooper was prevailing precedent.
examined
Cited "see"
Hargrave v. Dugger
(3×)
Foster v. Strickland, 707 F.2d 1339, 1347 (11th Cir.1983), cert. denied, 466 U.S. 993 , 104 S.Ct. 2375 , 80 L.Ed.2d 847 (1984); see Sullivan v. Wainwright, 695 F.2d 1306, 1311 (11th Cir.), cert. denied, 464 U.S. 922 , 104 S.Ct. 290 , 78 L.Ed.2d 266 (1983).
examined
Cited "see"
Stephen Todd Booker v. Richard L. Dugger
(3×)
See Booker v. Wainwright, 703 F.2d 1251 (11th Cir.), cert. denied, 464 U.S. 922 , 104 S.Ct. 290 , 78 L.Ed.2d 266 (1983).
discussed
Cited "see"
William Duane Elledge v. Richard L. Dugger
(2×)
See Sullivan v. Wainwright, 695 F.2d 1306, 1309 (11th Cir.), aff'd, 464 U.S. 109 , 104 S.Ct. 450 , 78 L.Ed.2d 266 (1983) (per curiam).
examined
Cited "see"
Magwood v. Smith
(3×)
See Booker v. Wainwright, 703 F.2d 1251, 1257 (11th Cir.), cert. denied, 464 U.S. 922 , 104 S.Ct. 290 , 78 L.Ed.2d 266 (1983). .
examined
Cited "see"
Magwood v. Smith
(3×)
See Booker v. Wainwright, 703 F.2d 1251, 1257 (11th Cir.), cert. denied, 464 U.S. 922 , 104 S.Ct. 290 , 78 L.Ed.2d 266 (1983) 9 Prior to the decision in Ake, this court and its predecessor recognized an accused's constitutional right to psychiatric assistance under appropriate circumstances.
examined
Cited "see"
David Livingston Funchess v. Louie L. Wainwright, Secretary, Florida Dept. Of Offender Rehabilitation
(4×)
See Sullivan v. Wainwright, 695 F.2d 1306, 1309 (11th Cir.), cert. denied, — U.S.-, 104 S.Ct. 290 , 78 L.Ed.2d 266 (1983) (failure to advance certain errors on appeal later gaining judicial recognition did not constitute ineffective assistance where law concerning capital sentencing was in state of reformation); Alvord v. Wainwright, 725 F.2d 1282, 1291-93 (11th Cir.), cert. denied, — U.S. -, 105 S.Ct. 355 , 83 L.Ed.2d 291 (1984) (counsel on appeal not ineffective for failure to challenge admissibility of testimony because (1) testimony might have been admissible, (2) counsel need not anti…
cited
Cited "see"
Barney Earl Crutchfield v. Louie L. Wainwright, Jim Smith
See Booker v. Wainwright, 703 F.2d 1251, 1255 (11th Cir.), cert. denied, — U.S.-, 104 S.Ct. 29 , 78 L.Ed.2d 266 (1983).
discussed
Cited "see"
Kenneth Griffin v. Louie L. Wainwright
(2×)
See Sullivan v. Wainwright, 695 F.2d 1306, 1310 (11th Cir.), cert. denied, — U.S. -, 104 S.Ct. 290 , 78 L.Ed.2d 266 (1983).
discussed
Cited "see"
Calvin Carlos Campbell v. Louie L. Wainwright, Secretary, Department of Corrections
(2×)
See Sullivan v. Wainwright, 695 F.2d 1306, 1310 (11th Cir.), cert. denied, — U.S. -, 104 S.Ct. 290 , 78 L.Ed.2d 266 (1983).
examined
Cited "see, e.g."
Billy Glen Isley v. Richard L. Dugger
(3×)
See also Booker v. Wainwright, 703 F.2d 1251 (11th Cir.) (State’s use of information from psychiatric exam to impeach defendant’s testimony during penalty phase did not violate Fifth Amendment), cert. denied, 464 U.S. 922 , 104 S.Ct. 290 , 78 L.Ed.2d 266 (1983); Williams v. Lynaugh, 809 F.2d 1063 (5th Cir.) (defendant waived Fifth Amendment objection to State’s evidence offered in rebuttal on issue of future dangerousness by raising issue through testimony of own psychiatrist and by cross-examination of State’s psychologist), cert. denied, 481 U.S. 1008 , 107 S.Ct. 1635 , 95 L.Ed.2d 20…
discussed
Cited "see, e.g."
Laffosse v. Walters
(2×)
As Magistrate Raby stated, “although assigned appellate counsel may exercise his professional judgment and decide not to raise and argue some nonfrivolous issues, counsel must nevertheless prosecute a nonfrivolous appeal.” Report at 41 (emphasis added); compare Sullivan v. Wainwright, 695 F.2d 1306, 1309 (11th Cir.), cert. denied, — U.S. -, 104 S.Ct. 290 , 78 L.Ed.2d 266 (1983) (rejecting ineffective assistance of counsel claim where counsel filed a brief on appeal which presented and argued several issues but did not raise other issues) with Mylar v. Alabama, 671 F.2d 1299, 1302 (11th C…
Retrieving the full opinion text from the archive…
Booker
v.
Wainwright, Secretary, Florida Department of Corrections Sullivan v. Wainwright, Secretary, Florida Department of Corrections
v.
Wainwright, Secretary, Florida Department of Corrections Sullivan v. Wainwright, Secretary, Florida Department of Corrections
No. 83-5209; No. 83-5267.
Supreme Court of the United States.
Oct 17, 1983.
464 U.S. 922
1983 U.S. LEXIS 2030
Brennan, Marshall.
Cited by 44 opinions | Published
Lead Opinion
C. A. 11th Cir.; and
C. A. 11th Cir. Certiorari denied. Reported below: No. 83-5209, 703 F. 2d 1251; No. 83-5267, 695 F. 2d 1306.
Dissent
Justice Brennan and Justice Marshall,
dissenting.
Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth[*923] and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentences in these cases.