MAXWELL v. BISHOP

No. 622.

393 U.S. 997 (1968)

MAXWELL v. BISHOP, PENITENTIARY SUPERINTENDENT.

Supreme Court of United States.

December 16, 1968.


Attorney(s) appearing for the Case

Jack Greenberg, James M. Nabrit III, Norman C. Amaker, Michael Meltsner, George Howard, Jr., and Anthony G. Amsterdam for petitioner. Joe Purcell, Attorney General of Arkansas, and Don Langston, Deputy Attorney General, for respondent.


Certiorari granted limited to Questions 2 and 3 of the petition which read as follows:

"2. Whether Arkansas' practice of permitting the trial jury absolute discretion, uncontrolled by standards or directions of any kind, to impose the death penalty violates the Due Process Clause of the Fourteenth Amendment?

"3. Whether Arkansas' single-verdict procedure, which requires the jury to determine guilt and punishment simultaneously and a defendant to choose between...

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