STEWART
v.
MASSACHUSETTS
STEWART
MASSACHUSETTS
408 U.S. 845
Supreme Court of the United States (1972)
Negative Treatment
Also reported at: 33 L. Ed. 2d 744 · 92 S. Ct. 2845 · 1972 U.S. LEXIS 24 · SCDB 1971-180
Cited by 65 cases
Per_curiam
Per Curiam.
The appellant in this case was sentenced to death. The imposition and carrying out of that death penalty constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. Furman v. Georgia, ante, p. 238. The motion for leave to proceed in forma pauperis is granted. The judgment is therefore vacated insofar as it leaves undisturbed the death penalty imposed, and the case is remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (18 total)
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State v. Dixon, 283 So. 2d 1 (Fla. 1973)…the Congress in prescribing the death penalty, if any, according to national standards enunciated by the United States Supreme Court because of the Federal citizenship of the nation’s citizens, including Floridians. . See Stewart v. Massachusetts, 408 U.S. 845, 92 S.Ct. 2845, 33 L.Ed.2d 744 (1972), and companion cases. . § 775.082(1), F.S.1971. Sentences imposed under Florida’s death penalty statute were reversed in Anderson v. Florida, 408 U.S. 938, 92 S.Ct. 2868, 33 L.Ed.2d 758 (1972); Thomas v. Florid…
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Hurst v. State, 202 So. 3d 40 (Fla. 2016)…See id. at 309, 92 S.Ct. 2726 (“The Eighth and Fourteenth Amendments cannot tolerate the infliction of a sentence of death under legal systems that permit this unique penalty to be so wantonly and so freakishly imposed.”); Stewart v. Massachusetts, 408 U.S. 845, 845, 92 S.Ct. 2845, 33 L.Ed.2d 744 (1972). This Court responded, not by ordering new Furman-compliant capital penalty phase proceedings for these death row prisoners, but by vacating existing death sentences and ordering the prisoners sentenced t…1 / 2
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Hayes v. State, 439 So. 2d 896 (Fla. 2d DCA 1983)…r. . Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). . The case was vacated “insofar as it leaves undisturbed the death penalty imposed....” 408 U.S. at 845, 92 S.Ct. at 2845, 33 L.Ed.2d at 744. See Stewart v. Massachusetts, 408 U.S. 845, 92 S.Ct. 2845, 33 L.Ed.2d 744 (1972). . Although we have not discussed it, obviously the fourth amendment is made applicable to the states by operation of the fourteenth amendment.…
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