green
Positive treatment
Quoted verbatim 2×
11.4 score
“the constitution permits a jury to consider both guilt and capital punishment at the same time.”
Treatment trajectory · 1973 → 2026 · click a year to view as-of
1973
1999
2026
Top citers, strongest first. 24 distinct citers.
discussed
Cited as authority (quoted)
State v. Apodaca
the constitution permits a jury to consider both guilt and capital punishment at the same time.
discussed
Cited as authority (quoted)
Jonathan Albert Leal v. State
no constitutional violation is presented by the fact of a difficult decision for a defendant.
discussed
Cited as authority (rule)
William George Bonin v. Arthur Calderon, as Warden of San Quentin State Prison James Rowland, Director of the California Department of Corrections
(2×)
McGautha itself is not binding because it was later vacated, 408 U.S. at 941-42, 92 S.Ct. at 2873 (1972), in light of Furman v. Georgia, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 (1972) (Eighth Amendment requires that discretion of sentencing jury be limited by appropriate guidelines to prevent arbitrary infliction of death sentence).
cited
Cited "see"
United States v. Trevino
See Crampton v. Ohio , 408 U.S. 941 , 92 S.Ct. 2873 , 33 L.Ed.2d 765 (1972).
discussed
Cited "see"
United States v. James Alsante
See McGautha v. California, 402 U.S. 183, 214-17 , 91 S.Ct. 1454 , 28 L.Ed.2d 711 (1971), vacated in part on other grounds, 408 U.S. 941 , 92 S.Ct. 2873 , 33 L.Ed.2d 765 (1972); see also Ohio Adult Parole Auth. v. Woodard, 523 U.S. 272, 287 , 118 S.Ct. 1244 , 140 L.Ed.2d 387 (1998) (citing McGautha for its self-incrimination analysis).
discussed
Cited "see"
Jed R. Middleton v. State of Maine
See Hill v. United States, 368 U.S. 424, 429 ,. 82 S.Ct. 468 , 7 L.Ed.2d 417 (1962); accord McGautha v. California, 402 U.S. 183 , 218 & n. 22, 91 S.Ct. 1454 , 28 L.Ed.2d 711 (1971), vacated on other grounds sub nom., Crompton v. Ohio, 408 U.S. 941 , 92 S.Ct. 2873 , 33 L.Ed.2d 765 (1972).
discussed
Cited "see"
Benny Garcia v. State
See McGautha v. California, 402 U.S. 183, 218-19 (1971) (“This Court has not directly determined whether or to what extent the concept of due process of law requires that a criminal defendant wishing to present evidence or argument presumably relevant to the issues involved in sentencing should be permitted to do so.”), judgment vacated by Crampton v. Ohio, 408 U.S. 941 , 42 (1972); Hill v. United States, 368 U.S. 424, 429 (1962); Eisen, 40 S.W.3d at 634 .
discussed
Cited "see"
Benny Garcia v. State
See McGautha v. California , 402 U.S. 183, 218-19 (1971) ("This Court has not directly determined whether or to what extent the concept of due process of law requires that a criminal defendant wishing to present evidence or argument presumably relevant to the issues involved in sentencing should be permitted to do so."), judgment vacated by Crampton v. Ohio , 408 U.S. 941 , 42 (1972); Hill v. United States , 368 U.S. 424, 429 (1962); Eisen , 40 S.W.3d at 634 .
discussed
Cited "see"
United States v. Taylor
See McGautha v. Calif., 402 U.S. 183, 213-20 , 91 S.Ct. 1454 , 28 L.Ed.2d 711 (1971), vacated on other grds, 408 U.S. 941 , 92 S.Ct. 2873 , 33 L.Ed.2d 765 (1972) (holding that defendant’s constitutional rights were not infringed by jury’s determination of guilt and penalty after single trial and single verdict).
discussed
Cited "see"
People v. Skufca
See McGautha v. California, 402 U.S. 183, 213 , 91 S.Ct. 1454 , 28 L.Ed.2d 711 (1971), vacated on other grounds, 408 U.S. 941 , 92 S.Ct. 2873 , 33 L.Ed.2d 765 (1972) (noting that the force of the People’s evidence as to the defendant’s guilt may cause the defendant to wish to respond, thereby possibly incriminating himself, but that compulsion is not of the sort forbidden by the privilege against self-incrimination).
discussed
Cited "see"
Adkins v. State
See Pitts v. State, 185 So.2d 164 (Fla.1966) (ordinarily the question of allowing the reopening of cases is one involving sound judicial discretion which will rarely be interfered with at the appellate level), vacated in part on other grounds, 408 U.S. 941 , 92 S.Ct. 2856 , 33 L.Ed.2d 765 (1972).
discussed
Cited "see"
State in Interest of AB
See McGautha v. California, 402 U.S. 183, 213 , 91 S.Ct. 1454, 1470 , 28 L.Ed.2d 711 (1971) (noting constitution does not always forbid requiring defendant to make difficult choices), vacated on other grounds sub nom., Crampton v. Ohio, 408 U.S. 941 , 92 S.Ct. 2873 , 33 L.Ed.2d 765 (1972).
discussed
Cited "see"
State in Interest of A.B.
See McGautha v. California, 402 U.S. 183, 213 , 91 S.Ct. 1454, 1470 , 28 L.Ed.2d 711 (1971) (noting constitution does not always forbid requiring defendant to make difficult choices), vacated on other grounds sub now,., Crampton v. Ohio, 408 U.S. 941 , 92 S.Ct. 2873 , 33 L.Ed.2d 765 (1972).
discussed
Cited "see"
Duckett v. State
(2×)
See McGautha v. California, 402 U.S. 183, 220 , 91 S.Ct. 1454, 1474 , 28 L.Ed.2d 711 (1971), vacated on other grounds, 408 U.S. 941 , 92 S.Ct. 2873 , 33 L.Ed.2d 765 (1972).
discussed
Cited "see"
United States v. John Bazzano
See Hoffa v. United States, 385 U.S. 293, 303-04 , 87 S.Ct. 408, 414 , 17 L.Ed.2d 374 (1966). 108 In McGautha v. California, 402 U.S. 183 , 91 S.Ct. 1454 , 28 L.Ed.2d 711 (1970), vacated on other grounds, 408 U.S. 941 , 92 S.Ct. 2873 , 33 L.Ed.2d 765 (1971), the Supreme Court held that no impermissible coercion resulted when a defendant in a state single-verdict trial system was required to choose whether to stand on his right against self-incrimination at the risk that his failure to testify would be damaging on the issue of punishment.
discussed
Cited "see"
State v. Knee
(2×)
See McGautha v. California, 402 U.S. 183, 215 , 91 S.Ct. 1454, 1471 , 28 L.Ed.2d 711 (1971), vacated on other grounds, 408 U.S. 941 , 92 S.Ct. 2873 , 33 L.Ed.2d 765 (1972) (criminal defendant must weigh taking the witness stand against the risk of impeachment); see also Ryan v. State, 580 F.2d 988, 993 (9th Cir. 1978).
discussed
Cited "see"
ca8 1975
See McGautha v. California, 402 U.S. 183 , 215--216, 91 S.Ct. 1454 , 28 L.Ed.2d 711 (1971), vacated on other grounds, 408 U.S. 941 , 92 S.Ct. 2873 , 33 L.Ed.2d 765 (1972); United States v. Greene, 442 F.2d 1285 , 1286--1287 n. 3 (10th Cir. 1971); United States v. Feldman, 425 F.2d 688, 692 (3rd Cir. 1970); United States v. Cashio, 420 F.2d 1132, 1134 (5th Cir. 1969), cert. denied, 397 U.S. 1007 , 90 S.Ct. 1234 , 25 L.Ed.2d 420 (1970); Viramontes-Medina v. United States, 411 F.2d 981, 982 (9th Cir. 1969); Cline v. United States, 395 F.2d 138, 144 (8th Cir. 1968); United States v. Carabbia, 381 …
discussed
Cited "see"
United States v. Geelan
See McGautha v. California, 402 U.S. 183, 215-216 , 91 S.Ct. 1454 , 28 L.Ed.2d 711 (1971), vacated on other grounds, 408 U.S. 941 , 92 S.Ct. 2873 , 33 L.Ed.2d 765 (1972); United States v. Greene, 442 F.2d 1285 , 1286-1287 n. 3 (10th Cir. 1971); United States v. Feldman, 425 F.2d 688, 692 (3rd Cir. 1970); United States v. Cashio, 420 F.2d 1132, 1134 (5th Cir. 1969), cert. denied, 397 U.S. 1007 , 90 S.Ct. 1234 , 25 L.Ed.2d 420 (1970); Viramontes-Medina v. United States, 411 F.2d 981, 982 (9th Cir. 1969); Cline v. United States, 395 F.2d 138, 144 (8th Cir. 1968); United States v. Carabbia, 381 F.…
examined
Cited "see, e.g."
Rauf v. State
(3×)
REV. 283, 287 (2008); see also Lain, supra note 28, at 18. 49 402 U.S. 183 (1971), overruled by Crampton v. Ohio, 408 U.S. 941 (1972). 50 Id. at 207–08. 51 See ANDREA D.
examined
Cited "see, e.g."
Shelton v. State
(3×)
In Hill v. United States, the Court held that a district court's failure to ask expressly a defendant represented by counsel whether he wished to make a statement before imposition of sentence was not constitutional error. 368 U.S. 424, 428 , 82 S.Ct. 468 , 7 L.Ed.2d 417 (1962); see also McGautha v. California, 402 U.S. 183 , 219 n. 22, 91 S.Ct. 1454 , 28 L.Ed.2d 711 (1971) (noting whether a trial court’s denial of a defendant’s request to plead for mercy rises to the level of a constitutional violation remains an open question), vacated in part on other grounds, Crampton v. Ohio, 408 U.S.…
discussed
Cited "see, e.g."
United States v. Orlando Cordia Hall, Also Known as Lan
See id. at 429 , 82 S.Ct. 468 ; see also McGautha v. California, 402 U.S. 183 , 219 n. 22, 91 S.Ct. 1454 , 28 L.Ed.2d 711 (1971) (noting that whether a trial court’s denial of a defendant’s request to plead for mercy rises to the level of a constitutional violation remains an open question), vacated in part on other grounds, Crampton v. Ohio, 408 U.S. 941 , 92 S.Ct. 2873 , 33 L.Ed.2d 765 (1972). *396 We conclude that a criminal defendant in a capital case does not possess a constitutional right to make an unsworn statement of remorse before the jury that is not subject to cross-examination…
discussed
Cited "see, e.g."
Application of Crowley v. United States Merchant Marine Academy
See, e.g., McGawtha v. California, 402 U.S. 183, 213-20 , 91 S.Ct. 1454,1470-74 , 28 L.Ed.2d 711 (1971), vacated on other grounds, 408 U.S. 941 , 92 S.Ct. 2873 , 33 L.Ed.2d 765 ; United States v. White, 589 F.2d 1283, 1286-87 (5 Cir., 1979); Arthurs v. Stem, 560 F.2d 477 (1 Cir., 1977).
discussed
Cited "see, e.g."
United States v. Otis Palmer
See also McGautha v. California, 402 U.S. 183 , 91 S.Ct. 1454 , 28 L.Ed.2d 711 (1971) (Ohio procedure where jury determined both guilt and punishment in single trial did not violate Jackson), vacated on other grounds. 408 U.S. 941 , 92 S.Ct. 2873 , 33 L.Ed.2d 765 (1972); Brady v. United States, 397 U.S. 742 , 90 S.Ct. 1463 , 25 L.Ed.2d 747 (1970) (Jackson did not require invalidation of every guilty plea entered under the Federal Kidnapping Act prior to Jackson decision); Ludwig v. Massachusetts, 427 U.S. 618 , 96 S.Ct. 2781 , 49 L.Ed.2d 732 (1976) (additional financial cost and potentially ha…
discussed
Cited "see, e.g."
Wimmer v. Lehman
See, e.g., McGautha v. California, 402 U.S. 183, 213-20 , 91 S.Ct. 1454, 1470-1474 , 28 L.Ed.2d 711 (1971), vacated on other grounds, 408 U.S. 941 , 92 S.Ct. 2873 , 33 L.Ed.2d 765 ; United States v. White, 589 F.2d 1283, 1286-87 (5 Cir., 1979); Arthurs v. Stern, 560 F.2d 477 (1 Cir., 1977).
Pitts
v.
Wainwright, Corrections Director
v.
Wainwright, Corrections Director
No. 69-5016.
Supreme Court of the United States.
Jun 29, 1972.
Cited by 2 opinions | Published
Citer courts: New Mexico Court of Appeals (1) · Court of Appeals of Texas (1)
Sup. Ct. Fla. Motion for leave to proceed in forma pauperis granted. Motion for leave to file petition for writ of habeas corpus denied. Treating the petition for -writ of habeas corpus as a petition for writ of certio-rari, certiorari granted. Judgment vacated insofar as it leaves undisturbed the death penalty imposed, and case remanded for further proceedings. See Stewart v. Massachusetts, ante, p. 845.