Keenan v. California, No. 88-6438

CourtUnited States Supreme Court
Writing for the CourtBRENNAN; MARSHALL
Citation490 U.S. 1012,104 L.Ed.2d 169,109 S.Ct. 1656
PartiesMaurice J. KEENAN v. CALIFORNIA
Decision Date03 April 1989
Docket NumberNo. 88-6438

490 U.S. 1012
109 S.Ct. 1656
104 L.Ed.2d 169
Maurice J. KEENAN

v.

CALIFORNIA.

No. 88-6438.

Supreme Court of the United States

April 3, 1989

On petition for writ of certiorari to the Supreme Court of California.

The petition for writ of certiorari is denied.

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, 96 S.Ct. 2909, 2950, 49 L.Ed.2d 859 (1976), I would grant certiorari and vacate the death sentence in this case.

Justice MARSHALL, dissenting from denial of certiorari.

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, 231, 96 S.Ct. 2909, 2973, 49 L.Ed.2d 859 (1976) (MARSHALL J., dissenting), I would grant the petition for certiorari and vacate the death sentence in this case. But

Page 1013

even if I did not hold this view, I would still grant the petition. The record in this case strongly suggests that, in the words of the dissenting judge below, "certain remarks by the court during the penalty phase, superimposed upon an emotional episode that had already occurred in the jury room, had an improperly coercive effect upon the jury's deliberations and improperly influenced the verdict." 46 Cal.3d 478, 545, 250 Cal.Rptr. 550, 594, 758 P.2d 1081, 1124 (1988) (Kaufman, J., dissenting in part). I would therefore grant certiorari, both to ascertain whether petitioner was denied his right to an uncoerced verdict, and to clarify our standards for determining jury coercion, a subject discussed most recently in Lowenfield v. Phelps, 484 U.S. 231, 108 S.Ct. 546, 98 L.Ed.2d 568 (1988).

The penalty phase in question was described at length in the majority and partially dissenting opinions below, 46 Cal.3d, at 527-544, 250 Cal.Rptr., at 582-594, 758 P.2d, at 1112-1124 (majority opinion); id., at 545-550, 250 Cal.Rptr., at 594-597, 758 P.2d, at 1124-1129 (Kaufman, J., dissenting in part), and so only a brief account is necessary here. During jury deliberations, only one juror held out: an elderly woman who refused to vote to impose the death penalty. After a day of deliberations, another juror rose out of his chair and verbally attacked her in a tirade that apparently included a death threat. Id., at 545, 250 Cal.Rptr., at 594, 758 P.2d, at 1125. Crying...

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146 practice notes
  • Karis v. Calderon, No. 98-99025.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 18 Marzo 2002
    ...of Karis' brother and of a police officer. In People v. Karis, 46 Cal.3d 612, 250 Cal.Rptr. 659, 758 P.2d 1189 (1988), cert. denied, 490 U.S. 1012, 109 S.Ct. 1658, 104 L.Ed.2d 172 (1989), without holding an evidentiary hearing, the California Supreme Court affirmed the judgment and denied t......
  • US v. Lang, Crim. No. WN-90-0404.
    • United States
    • U.S. District Court — District of Maryland
    • 21 Febrero 1991
    ...it calls for privileged matter. In re Martin Marietta Corp., 856 F.2d 619 (4th Cir.1988), cert. denied, 490 U.S. 1011, 109 S.Ct. 1655, 104 L.Ed.2d 169 In the present case, production of the documents turns on their admissibility. The SEC moves to quash defendants' subpoena on the grounds th......
  • Alarcon v. Davey, Case No. 1:16-cv-01461-JLT (PC)
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • 9 Mayo 2017
    ...reasonable steps to protect inmates from physical abuse"); see also Vaughan v. Ricketts, 859 F.2d 736, 741 (9th Cir.1988), cert. denied, 490 U.S. 1012 (1989) ("prison administrators' indifference to brutal behavior by guards toward inmates [is] sufficient to state an Eighth Amendment claim"......
  • Mwasi v. Corcoran State Prison, Case: 1:13-cv-00695-DAD-JLT (PC)
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • 20 Mayo 2016
    ...reasonable steps to protect inmates from physical abuse"); see also Vaughan v. Ricketts, 859 F.2d 736, 741 (9th Cir.1988), cert. denied, 490 U.S. 1012 (1989) ("prison administrators' indifference to brutal behavior by guards toward inmates [is] sufficient to state an Eighth Amendment claim"......
  • Request a trial to view additional results
145 cases
  • Karis v. Calderon, No. 98-99025.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 18 Marzo 2002
    ...of Karis' brother and of a police officer. In People v. Karis, 46 Cal.3d 612, 250 Cal.Rptr. 659, 758 P.2d 1189 (1988), cert. denied, 490 U.S. 1012, 109 S.Ct. 1658, 104 L.Ed.2d 172 (1989), without holding an evidentiary hearing, the California Supreme Court affirmed the judgment and denied t......
  • US v. Lang, Crim. No. WN-90-0404.
    • United States
    • U.S. District Court — District of Maryland
    • 21 Febrero 1991
    ...it calls for privileged matter. In re Martin Marietta Corp., 856 F.2d 619 (4th Cir.1988), cert. denied, 490 U.S. 1011, 109 S.Ct. 1655, 104 L.Ed.2d 169 In the present case, production of the documents turns on their admissibility. The SEC moves to quash defendants' subpoena on the grounds th......
  • Alarcon v. Davey, Case No. 1:16-cv-01461-JLT (PC)
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • 9 Mayo 2017
    ...reasonable steps to protect inmates from physical abuse"); see also Vaughan v. Ricketts, 859 F.2d 736, 741 (9th Cir.1988), cert. denied, 490 U.S. 1012 (1989) ("prison administrators' indifference to brutal behavior by guards toward inmates [is] sufficient to state an Eighth Amendment claim"......
  • Mwasi v. Corcoran State Prison, Case: 1:13-cv-00695-DAD-JLT (PC)
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • 20 Mayo 2016
    ...reasonable steps to protect inmates from physical abuse"); see also Vaughan v. Ricketts, 859 F.2d 736, 741 (9th Cir.1988), cert. denied, 490 U.S. 1012 (1989) ("prison administrators' indifference to brutal behavior by guards toward inmates [is] sufficient to state an Eighth Amendment claim"......
  • Request a trial to view additional results

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