• View enhanced case on Westlaw
  • KeyCite this case on Westlaw
  • http://laws.findlaw.com/us/489/1091.html
    Cases citing this case: Supreme Court
    Cases citing this case: Circuit Courts
    BONIN v. CALIFORNIA , 489 U.S. 1091 (1989)

    U.S. Supreme Court

    BONIN v. CALIFORNIA , 489 U.S. 1091 (1989)

    489 U.S. 1091

    William George BONIN, petitioner,
    v.
    CALIFORNIA. No. 88-6341.

    Supreme Court of the United States

    March 20, 1989

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

    The petition for a writ of certiorari is denied.

    Motion for Leave to File Petition for Rehearing Denied Oct. 10, 1989.

    See 493 U.S. 914 .

    Justice MARSHALL, with whom Justice BRENNAN joins, 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, 231 , 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. Even if I did not hold this view, I would grant the petition to resolve the question whether a trial court may instruct a penalty phase jury that, "[i]f you conclude that the aggravating circumstances outweigh the mitigating circumstances, you shall impose a sentence of death." As I stated in Hamilton v. California, 488 U.S. 1047 ( 1989) (MARSHALL, J., dissenting from denial of rehearing), "I have grave doubts that such an instruction permits the individualized and reliable sentencing determination that the Constitution requires in capital cases, particularly where, as here, it is coupled with prosecutorial remarks stressing the limits on jurors' discretion." Id., at 1047, 109 S.Ct. at 880. I dissent.[ Bonin v. California 489 U.S. 1091 (1989) ]

    FindLaw Career Center

      Search for Law Jobs:

        Post a Job  |  View More Jobs
    Ads by FindLaw