Maxwell v. Bishop
Maxwell v. Bishop
393 U.S. 997; 89 S. Ct. 488
(United States Reports)
Maxwell v. Bishop
Opinion of the Court
C. A. 8th Cir. 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 presenting mitigating evidence on the punishment issue or maintaining his privilege against self-incrimination on*998 the guilt issue, violates the Fifth and Fourteenth Amendments?”
Case set for oral argument immediately following No. 642 [Boykin v. Alabama, ante, p. 820].
Case-law data current through December 31, 2025. Source: CourtListener bulk data.