Crist v. Wal-Mart Stores, Inc.

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 | 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 | 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