RUSSELL ALEXANDER, PETITIONER-APPELLANT,
v.
C. MURRAY HENDERSON, WARDEN, LOUISIANA STATE PENITENTIARY, RESPONDENT-APPELLEE
RUSSELL ALEXANDER, PETITIONER-APPELLANT,
C. MURRAY HENDERSON, WARDEN, LOUISIANA STATE PENITENTIARY, RESPONDENT-APPELLEE
470 F.2d 1370
Court of Appeals for the Fifth Circuit (1973)
Positive Treatment
Cited by 2 cases
Opinion of the Court
BY THE COURT:
Petitioner’s appeal from a denial of habeas relief was denied by this Court on June 9, 1972, 459 F. 2d 1391. On certiorari to the Supreme Court, our judgment was vacated “insofar as it leaves undisturbed the death penalty imposed” and the cause was remanded to this Court for further proceedings. Alexander v. Henderson, 409 U.S. 1032, 93 S.Ct. 538, 34 L.Ed.2d 482. See Stewart v. Massachusetts, 1972, 408 U.S. 845, 92 S.Ct. 2845, 33 L.Ed.2d 744.
In Furman v. Georgia, 1972, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 and its companion cases, the Supreme Court held that the death penalty as imposed under the Georgia and Texas statutes constitutes cruel and unusual punishment in violation of the Eighth Amendment. Accordingly, we remand this case to the district court for reconsideration in light of Furman v. Georgia, supra. See Williams v. Henderson, 5 Cir. 1972, 465 F. 2d 995; Newman v. Wainwright, 5 Cir. 1972, 464 F. 2d 615.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Eaton v. Capps, 480 F.2d 1021 (5th Cir. 1973)
Authorities Cited
- Furman v. Georgia, 408 U.S. 238 (U.S. 1972)
- Stewart v. Massachusetts, 408 U.S. 845 (U.S. 1972)
- Newman v. Louie L. Wainwright, 464 F.2d 615 (5th Cir. 1972)
- Alexander v. Henderson, 409 U.S. 1032 (U.S. 1972)
- United States v. Fla. E. Coast Ry. Co., 409 U.S. 1032 (U.S. 1972)
- August Williams v. Henderson, 465 F.2d 995 (5th Cir. 1972)
- Alexander v. Henderson, 459 F.2d 1391 (5th Cir. 1972)
- E. Fed. Corp. v. Royal Park W., Inc., 459 F.2d 1391 (5th Cir. 1972)