Crist v. Wal-Mart Stores, Inc.

How later courts describe this case

• affirming judgment of liability for due process and equal protection violations, in absence of taking claim
• expressing no opinion as to propriety of submitting to jury issue of liability for substantive due process violation, where question was not raised in district court
• “It is clear that something more than intentional conduct must be found at the punishment phase of the trial on the issue of 'deliberateness.' "
• prosecutor’s waving a gruesome photo at jury and urging jury to look at it if they become “weak-kneed” during deliberations held not improper
• “a property owner cannot rely on the futility exception until at least one meaningful application has been made”
• failure to object to a jury instruction precludes appellate review