Book contents
- Critical Race Judgments
- Critical Race Judgments
- Copyright page
- Contents
- About the Contributors
- Advisory Committee
- Foreword
- Introduction
- 347 U.S. 483 (1954)BROWN et al.
- Part I Membership and Inclusion
- Part II Participation and Access
- Part III Property and Space
- Part IV Intimate Choice and Autonomy
- Part V Justice
- 92 U.S. 542Supreme Court of the United States
- 481 U.S. 279Supreme Court of the United States
- 92 U.S. 542Supreme Court of the United States
- 418 U.S. 24Supreme Court of the United States
- 782 F.2d 1038 Fifth Circuit Court of Appeals
- __ U.S. __ (1971)Supreme Court of the United States
- 28 S. Ct. 324Supreme Court of the United States
- United States Court of AppealsFor the District of Columbia Circuit
- Stopping the Conversation about Isolation by Race and Poverty Before It Really Began: The Case of San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973)
481 U.S. 279Supreme Court of the United States
Warren McCLESKEY, Petitionerv.Ralph KEMP, Superintendent, Georgia Diagnostic and Classification CenterNo. 84–6811
from Part V - Justice
Published online by Cambridge University Press: 22 April 2022
- Critical Race Judgments
- Critical Race Judgments
- Copyright page
- Contents
- About the Contributors
- Advisory Committee
- Foreword
- Introduction
- 347 U.S. 483 (1954)BROWN et al.
- Part I Membership and Inclusion
- Part II Participation and Access
- Part III Property and Space
- Part IV Intimate Choice and Autonomy
- Part V Justice
- 92 U.S. 542Supreme Court of the United States
- 481 U.S. 279Supreme Court of the United States
- 92 U.S. 542Supreme Court of the United States
- 418 U.S. 24Supreme Court of the United States
- 782 F.2d 1038 Fifth Circuit Court of Appeals
- __ U.S. __ (1971)Supreme Court of the United States
- 28 S. Ct. 324Supreme Court of the United States
- United States Court of AppealsFor the District of Columbia Circuit
- Stopping the Conversation about Isolation by Race and Poverty Before It Really Began: The Case of San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973)
Summary
Argued October 15, 1986.Decided April 22, 1987.
Rehearing Denied June 8, 1987.
BARNES, J. delivered the opinion of the Court. Powell, J. joined in all but Part II. Rehnquist J. filed a dissenting opinion, in which O’Connor, Scalia, and White joined.
Defendant McCleskey filed a writ of habeas corpus in the Northern District of Georgia challenging a 1979 murder conviction and death sentence imposed in Fulton County, Georgia. The petition, which the District Court and the Eleventh Circuit Court of Appeals denied, questions whether statistical evidence from research studies that strongly suggest racial considerations factor into capital sentencing jury deliberations, provides a basis to determine the petitioner’s sentence was unconstitutional under the Eighth Amendment or Fourteenth Amendment. We now reverse those decisions based on empirical data strongly corroborating a significant risk exists that McCleskey’s sentence involved unconstitutional race discrimination in violation of both the Eighth Amendment and the Fourteenth Amendment.
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- Critical Race JudgmentsRewritten U.S. Court Opinions on Race and the Law, pp. 557 - 581Publisher: Cambridge University PressPrint publication year: 2022