Legal Opinion · Dissent

Williams v. Kelley

Court of Appeals for the Eighth Circuit

Decided April 27, 2017No. Nos. 17-1892, 17-1893, 17-1896Published

1DissentKelly, Circuit Judge

I. Motion for Relief from Judgment (17-1892)

The Sixth Amendment’s guarantees of an impartial jury and the right of an accused to confront the witnesses against him extend to capital sentencing proceedings. See Morgan v. Illinois, 504 U.S. 719, 727-28, 112 S.Ct. 2222, 119 L.Ed.2d 492 (1992); see also Parker v. Gladden, 385 U.S. 363, 364, 87 S.Ct. 468, 17 L.Ed.2d 420 (1966) (noting that the Sixth Amendment applies to state court proceedings through the Fourteenth Amendment’s Due Process clause). Compliance with these guarantees requires that a jury’s verdict be based on the evidence presented…

2Cases cited24 opinions

  1. Eddings v. OklahomaSupreme Court of the United States · 1982
  2. Atkins v. VirginiaSupreme Court of the United States · 2002
  3. Gonzalez v. CrosbySupreme Court of the United States · 2005
  4. Trop v. DullesSupreme Court of the United States · 1958
  5. Ford v. WainwrightSupreme Court of the United States · 1986

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