# McDougall v. North Carolina

> Supreme Court of the United States · October 3, 1983 · 464 U.S. 865

URL: https://www.frixlaw.com/law-library/cases/9281252

## Case

- **Full name:** McDougall v. North Carolina Simmons v. Arkansas Magill v. Florida Hayes v. Arkansas Flamer v. Delaware Wilson v. Georgia Muhammad v. Florida Jeffers v. Arizona Kubat v. Illinois Free v. Illinois Bass v. Estelle, Director, Texas Department of Corrections Bush v. Alabama De La Rosa v. Texas Ford v. Strickland, Warden, Florida State Prison Pruett v. Mississippi Porter v. Florida Narcisse v. Louisiana Peterson v. Virginia Williams v. North Carolina Conner v. Georgia Armstrong v. Florida Davis v. Oklahoma Adamson v. Arizona
- **Court:** Supreme Court of the United States
- **Decided:** October 3, 1983
- **Citations:** 464 U.S. 865; 52 U.S.L.W. 3266; 104 S. Ct. 197; 78 L. Ed. 2d 173; 1983 U.S. LEXIS 1724
- **Precedential status:** Published
- **Opinion:** Dissent by Brennanmarshall
- **Judges:** Brennan, Marshall
- **Cited by:** 816 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9281252

## How later opinions describe it (automated extraction)

- recognizing that "the exercise of discretion ... will be judged by the amount of time the jury deliberates in light of the nature of the case and the evidence"
- affirming trial court's capacity determination made in off-the-record conference with parties without conducting contradictory hearing

## Opinion text

Justice Brennan and Justice Marshall,
dissenting.
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 (1976), we would grant certiorari and vacate the death sentences in these cases.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9281252. Public record. Not legal advice.