construing prosecutor = s closing argument as proper comment on appellant = s defensive theory
How later courts described this case
- 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."
Written by the judges who cited it.
The opinion
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.