Legal Opinion

Stanley v. State

Court of Criminal Appeals of Texas

Decided December 6, 1972No. 43907, 42540, 43602, 42663, 39803, 41697, 42605, 42306, 44062, 42743, and 42596PublishedCited by 23 opinions

1Opinion of the Court

OPINION

ROBERTS, Judge.

These cases come to us on remand from the United States Supreme Court. All appellants were convicted of murder with malice except for Smith and Branch, who were convicted of rape, and punishment was assessed at death. These convictions have all been affirmed by this Court.1 In Furman v. Georgia (Branch v. Texas), 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), the United States Supreme Court held that the death penalty, as currently imposed, is unconstitutional.

Subsequently, Governor Preston Smith, acting upon the recommendation of the Board of Pardons and Paroles,…

2Cases cited17 opinions

  1. Furman v. GeorgiaSupreme Court of the United States · 1972
  2. Whan v. StateCourt of Criminal Appeals of Texas · 1972
  3. Anderson v. StateSupreme Court of Florida · 1972
  4. Thames v. StateCourt of Criminal Appeals of Texas · 1970
  5. David v. StateCourt of Criminal Appeals of Texas · 1970

12 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Stephenson v. StateCourt of Criminal Appeals of Texas · 1973
  2. Brown v. StateCourt of Criminal Appeals of Texas · 1974
  3. Ex Parte SpauldingCourt of Criminal Appeals of Texas · 1985
  4. Garcia v. StateCourt of Criminal Appeals of Texas · 1973
  5. Calvin Sellars v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1976

18 more not listed; retrieve them via the Exa API.

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