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Criminal Procedure Keyed to Lee
McCleskey v. Kemp
Citation:481 U.S. 279 (1987)
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McCleskey (Petitioner), a Black man, was convicted of armed robbery and murder in Georgia trial court. He was sentenced to death. He then filed a petition for a writ of habeas corpus in federal court, presenting a complex statistical study that indicates a risk that racial considerations enter into capital sentencing determinations. The study purported to show a disparity in the imposition of the death sentence in Georgia based on the race of the murder victim and the race of the defendant. Using the study’s findings, he argued that his death sentence violated the Eighth and Fourteenth Amendments.
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