SNIDER

v.

CUNNINGHAM, PENITENTIARY SUPERINTENDENT

Citator

Cited By (20 total)

• Craig v. State, 179 So. 2d 202 (Fla. 1965)
  …se without due consideration of aggravating or mitigating circumstances subjects a defendant to cruel and unusual punishment, and such a sentence is inherently cruel and unusual under modern concepts, citing dissenting opinion in Rudolph v. Alabama, 375 U.S. 889, 84 S.Ct. 155, 11 L.Ed.2d 119 (1963); he also cites Weems v. United States, 217 U.S. 349, 30 S.Ct. 544, 54 L.Ed. 793 (1910), and Trop v. Dulles, 356 U.S. 86, 78 S.Ct. 590, 2 L.Ed.2d 630 (1958). In this portion of his argument Appellant recurs to the…
• Furman v. Georgia, 408 U.S. 238 (U.S. 1972)
  …, J.); Trop v. Dulles, supra, at 99 (Warren, C. J.), 125 (Frankfurter, J., dissenting). See, e. g., Louisiana ex rel. Francis v. Resweber, 329 U. S., at 474 (Burton, J., dissenting); Trop v. Dulles, supra, at 99 (Warren, C. J.); Rudolph v. Alabama, 375 U. S. 889 (1963) (Goldberg, J., dissenting from denial of certiorari); F. Frankfurter, Of Law and Men 81 (1956). There is no violation of the principle of stare decisis in a decision that capital punishment now violates the Eighth Amendment. The last case th…

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• Witherspoon v. Illinois, 391 U.S. 510 (U.S. 1968)
  …1052 (1917). As the Court points out, a substantial number of the veniremen (47 out of 95), who we may assume represented a fair cross-section of the community, were excluded because of their opposition to the death penalty. In Rudolph v. Alabama, 375 U. S. 889, I joined the opinion of Mr. Justice Goldberg, dissenting from the Court’s denial of certiorari, [*531] who expressed the view that this Court should consider the question whether the Eighth Amendment prohibits “the imposition of the death penalty o…