Opinion · Supreme Court of the United States

David W. McKay v. Texas

107 S. Ct. 239

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1986-10-06
Topic
general

construing prosecutor = s closing argument as proper comment on appellant = s defensive theory | construing prosecutor’s closing argument as proper comment on appellant’s defensive theory | construing prosecutor’s closing argument as proper comment on appellant’s defensive theory | death penalty may be justified when a "single consecutive course of conduct" contemplates and causes the death of one person and great bodily harm to another | exclusion of legally obtained tapes not justified because it would not serve to deter illegal conduct by police officers in either forum state or state where search was conducted | "[I]f [age] is to be accorded any significant weight, it must be linked with some other characteristic of the defendant or the crime such as immaturity or senility." | whether to allow jurors to take notes and use them during deliberation is question within sound discretion of trial court | death penalty may be justified when a "single consecutive course of conduct" contemplates and causes the death of one person and great bodily harm to another | interests of Florida law are not served by requiring out-of-State police officials to comply with Honda law when investigating crimes committed in Florida | “to be admissible, evidence must be relevant to a contested issue.” | “[U]se of the word ‘recommend’ ... is not incorrect as long as the context in which it is used does not mislead the jury as to its ... responsibility in exercising its sentencing function.” | "[U]se of the word 'recommend' ... is not incorrect as long as the context in which it is used does not mislead the jury as to its ... responsibility in exercising its sentencing function." | " Before an allegedly prejudicial remark requires reversal, this Court must be thoroughly convinced that the jury was influenced by the remark and that it contributed to the verdict." | court implicitly defines Du Page county as community for sixth amendment analysis | court implicitly defines Du Page county as community for sixth amendment analysis | evidence that the defendant’s wife had obtained a warrant for his arrest for the sexual abuse of his stepdaughter was admissible to prove the defendant’s motive to kill his wife | 'failure to object to lack of notice, [of evidence to be used in support of aggravator] either at a pre-trial hearing or at the time the challenged evidence is offered, will result in waiver of this statutory right’ | reviewing voluntariness of plea on habeas de novo | ligature strangulation constituted depravity of mind | ligature strangulation constituted depravity of mind | recovery of the victim's body | recovery of the victim’s body

Citator

Cited by
267 opinions

479 U.S. 871

107 S.Ct. 239

93 L.Ed.2d 164

David W. McKAY, petitioner,
v.
TEXAS

No. 85-6831

Supreme Court of the United States

October 6, 1986

Petition for writ of certiorari to the Court of Criminal Appeals of Texas.

1

Denied.

2

Justice BRENNAN and Justice MARSHALL dissenting:

3

Adhering to our views 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, 227, 231, 96 S.Ct. 2909, 2950, 2973, 49 L.Ed.2d 859 (1976), we would grant certiorari and vacate the death sentence in this case.

4

Justice SCALIA took no part in the consideration or decision of this petition.