· 11/16/1990
Donald Henry Gaskins v. Kenneth D. McKellar Warden, Central Correctional Institution Attorney General of South Carolina, T. Travis Medlock
Citations
- 916 F.2d 941
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that \it is inconceivable that the disputed instruction could have caused the jurors unanimously to impose a death sentence out of fear of mistrial should they not be unanimous in their decision to impose life imprisonment\
- finding no prosecutorial misconduct in saying the Govern- ment's evidence was undisputed because defendant could have con- tradicted that evidence without testifying
- explaining that \`[a]ny claim that the jury was not impartial ... must focus ... on the jurors who actually sat' and cannot be estab- lished simply by showing the loss of a peremptory challenge\ (second & third alterations in original) (quoting Ross, 487 U.S. at 86)
- prosecutor's comment that defendant had shown no remorse was not improper comment on failure to testify
Source: CourtListener parenthetical corpus (CC0).
Judges: Ervin, Phillips, Chapman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.