PULLIAM
v.
GEORGIA
Mr. Justice Brennan,
dissenting.
For the reasons stated in my dissenting opinion in Gregg v. Georgia, ante, p. 227, the imposition and carrying out of the death penalty in each of these cases [No. 74^5196 through No. 75-6653] constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. I would therefore grant certiorari in each of these cases and vacate the judgment in each case insofar as it leaves undisturbed the death sentence imposed.
Mr. Justice Marshall,
dissenting.
Because I consider the death penalty to be a cruel and unusual punishment forbidden by the Eighth and Fourteenth Amendments, see Gregg v. Georgia, ante, p. 231 (Marshall, J., dissenting), I would grant certiorari in these cases [No. 74-5196 through No. 75-6653] and vacate the judgments insofar as they leave undisturbed the sentences of death.
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State v. Ronnie S. LAW, 559 So. 2d 187 (Fla. 1989)…competent evidence from which the jury could infer guilt to the exclusion of all other inferences. That view of the evidence must be taken in the light most favorable to the state. Spinkellink v. State, 313 So. 2d 666, 670 (Fla.1975), cert. denied, 428 U.S. 911, 96 S.Ct. 3227, 49 L.Ed.2d 1221 (1976). The state is not required to “rebut conclusively every possible variation”3 of events which could be inferred from the evidence, but only to introduce competent evidence which is inconsistent with the defend…
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Witt v. State, 387 So. 2d 922 (Fla. 1980)…collateral attack on his sentence and conviction. The heightened problem of law changes in Florida’s capital punishment scheme is exemplified by a look at only two cases from among our many. Sawyer v. State, 313 So. 2d 680 (Fla.1975), cert. denied, 428 U.S. 911, 96 S.Ct. 3226, 49 L.Ed.2d 1220 (1976), and Brown v. State, 367 So. 2d 616 (Fla.1979), illustrate the point that the outcome of a capital case may depend simply upon the speed with which the trial and the appellate process progress. Anthony Sawyer…
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RAY v. State, 403 So. 2d 956 (Fla. 1981)…ial judge has extended counsel an opportunity tó cure any error, and counsel fails to take advantage of the opportunity, such error, if any, was invited and will not warrant reversal.” Sullivan v. State, 303 So. 2d 632, 635 (Fla.1974), cert. denied, 428 U.S. 911, 96 S.Ct. 3226, 49 L.Ed.2d 1220 (1976). Contrary to the cases that Ray relies on, the district courts have also found that instructing on a crime not charged does not necessarily constitute reversible error. Achin v. State, 387 So. 2d 375 (Fla.4th…
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