Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

Howell v. Mississippi

Docket No.: 03-9560
Certiorari Granted: 6/28/2004
Argued: November 29, 2004
Decided: January 24, 2005

Topics:

28 U.S.C. 1257, Judicial Power, Writ Improvidently Granted, 18 U.S.C. 1956, Eighth Amendment, Fourteenth Amendment, Fourth Amendment, Sixth Amendment, capital murder, habeas, murder, patent, sentencing guidelines

PartyNames: Marlon Latodd Howell, aka Marlon Cox v. Mississippi
Petitioner: Marlon Latodd Howell, aka Marlon Cox
Respondent: Mississippi

Court Below: Supreme Court of Mississippi
Citation: 860 So2d 704
Supreme Court Docket

Marlon Latodd Howell, aka Marlon Cox
v.
Mississippi
543 U.S. 440 (2005)
Question Presented:

Can a state court, consistent with the Eighth and Fourteenth Amendments to the Constitution of the United States, refuse to instruct a jury in a death penalty case on at least one lesser included offense that is recognized in state law and supported by the evidence?

Question:

1.) In death penalty cases can a state court refuse to give a jury the option of finding a defendant guilty of at least one lesser offense if it is recognized by state law and supported by evidence? 2.) Was Howell's federal constitutional claim properly raised before the Mississippi Supreme Court?

Note:

IN ADDITION TO THE QUESTION PRESENTED BY THE PETITION, THE PARTIES ARE DIRECTED TO BRIEF AND ARGUE THE FOLLOWING QUESTION: "Was petitioner's federal constitutional claim properly raised before the Mississippi Supreme Court for purposes of 28 U.S.C. Sec. 1257?" CERT. GRANTED 6/28/200403-9560 HOWELL V. MISSISSIPPI

Howell v. Mississippi
ORAL ARGUMENT

November 29, 2004

Holding: dismissed
Decision: Decision: 9 votes for Mississippi, 0 vote(s) against
Vote: 9-0
Opinion By: Per Curiam
Database Connection failed: SQLSTATE[HY000] [1045] Access denied for user 'restauz8_sophi'@'localhost' (using password: YES)