Downs v. Ohio
| Decision Date | 03 July 1978 |
| Docket Number | 77-5541.,77-5708. |
| Citation | 438 U.S. 909 |
| Parties | DOWNS v. OHIO; and SHELTON v. OHIO. |
| Court | U.S. Supreme Court |
Appeals from Sup. Ct. Ohio. Motions for leave to proceed in forma pauperis granted. Judgments vacated insofar as they leave undisturbed the death penalties imposed, and cases remanded for further proceedings. See Lockett v. Ohio, ante, p. 586. Reported below: No. 77-5541, 51 Ohio St. 2d 47, 364 N. E. 2d 1140; No. 77-5708, 51 Ohio St. 2d 68, 364 N. E. 2d 1152.
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26 cases
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State v. Bass
... ... Kimmelman, 186 N.J.Super. 449, 453 A.2d 29 (App.Div.1982). See also Lockett ... Page 453 ... v. Ohio, 438 U.S. 586, 597, 98 S.Ct. 2954, 2961, 57 L.Ed.2d 973, 984 (1978) ... The motion is denied ... On Further Death Penalty ... See Mullaney v. Wilbur, supra; In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970); State v. Downs, 51 Ohio St.2d 47, 364 N.E.2d 1140, 1148 (Ohio Sup.Ct.1977) vacated in light of Lockett, 438 U.S. 909, 98 S.Ct. 3133, 57 L.Ed.2d 1153 (1978). See ... ...
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State v. McNeill
...(1977), 51 Ohio St.2d 47, 61-62, 5 O.O.3d 30, 38, 364 N.E.2d 1140, 1149, sentence vacated on other grounds, Downs v. Ohio (1978), 438 U.S. 909, 98 S.Ct. 3133, 57 L.Ed.2d 1153. McNeill's factual claims were disputed, and the timing of his motion made it reasonable to conclude his purpose was......
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McNeill v. Bagley
...(1977), 51 Ohio St.2d 47, 61-62, 5 O.O.3d 30, 38, 364 N.E.2d 1140, 1149, sentence vacated on other grounds, Downs v. Ohio (1978), 438 U.S. 909, 98 S.Ct. 3133, 57 L.Ed.2d 1153. McNeill's factual claims were disputed, and the timing of his motion made it reasonable to conclude his purpose was......
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People v. Drake
... ... v. State Farm Fire & Casualty Co., 739 F.2d 1028 (5th Cir.1984); United States v. Traficant, 566 F.Supp. 1046 (N.D. Ohio 1983); Neises v. Solomon State Bank, 236 Kan. 767, 696 P.2d 372 (1985); State v. Schouest, 351 So.2d 462 (La.1977); Smith v. State, 31 Md.App ... denied, 448 U.S. 907, 100 S.Ct. 3050, 65 L.Ed.2d 1137 (1980); State v. Downs, 51 Ohio St.2d 47, 59, 364 N.E.2d 1140, 1148 (1977) (finding no authority "to support the proposition that the lack of mitigating factors is an ... ...
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