ALFORD
v.
FLORIDA

U.S. | 1976-07-06
No. 74-6717
428 U.S. 912 Supreme Court of the United States (1976) Negative Treatment
Cited by 56 cases
Dissent
Mr. Justice Brennan and Mr. Justice Marshall,

Mr. Justice Brennan and Mr. Justice Marshall,

dissenting.

Petitioner contends that his right of confrontation, guaranteed by the Sixth and Fourteenth Amendments, was violated because the transcript of the preliminary hearing testimony of a material prosecution witness was read at his trial and the prosecution, although it was aware that the witness would leave Florida prior to the trial, failed to use available procedures to assure the witness’ presence at trial or to depose the witness before the trial began. See Barber v. Page, 390 U. S. 719 (1968). On the record in this case, we would grant certiorari and set the case for oral argument.

In any event, the imposition and carrying out of the death penalty in this case constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. Gregg v. Georgia, ante, p. 227 (Brennan, J., dissenting); id., p. 231 (Marshall, J., dissenting). We would therefore grant certiorari and vacate the judgment in this case insofar as it leaves undisturbed the death sentence imposed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (27 total)

  • Grossman v. State, 525 So. 2d 833 (Fla. 1988)
    …den by one or more mitigating factors. White v. State, 446 So. 2d 1031 (Fla.1984); Sims v. State, 444 So. 2d 922 (Fla.1983) cert. denied, 467 U.S. 1246, 104 S.Ct. 3525, 82 L.Ed.2d 832 (1984); Alford v. State, 307 So. 2d 433 (Fla.1975), cert. denied, 428 U.S. 912, 96 S.Ct. 3227, 49 L.Ed. 2d 1221 (1976). Even more significantly, in Barclay v. Florida, 463 U.S. 939, 103 S.Ct. 3418, 77 L.Ed.2d 1134 (1983), the Court specifically approved the application of harmless error analysis to death sentences and held t…
  • Lightbourne v. State, 438 So. 2d 380 (Fla. 1983)
    …); Antone v. State; Foster v. State; Martin v. State, 377 So. 2d 706 (Fla.1979); Cooper v. State, 336 So. 2d 1133 (Fla.1976), cert. denied, 431 U.S. 925, 97 S.Ct. 2200, 53 L.Ed.2d 239 (1977); Alford v. State, 307 So. 2d 433 (Fla.1975), cert. denied, 428 U.S. 912, 96 S.Ct. 3227, 49 [*386] L.Ed.2d 1221, Alvord v. State; Swan v. State, 322 So. 2d 485 (Fla.1975); State v. Dixon. The defendant has failed to establish or demonstrate that this Court’s position on the death penalty statutes should be disturbed. Ac…
  • Buford v. State, 403 So. 2d 943 (Fla. 1981)
    …e victim was kidnapped and held captive for twenty-four hours before being stabbed to death while tied, spreadeagled and helpless, on a bed, crying out and moaning as the stabbing continued. Alford v. State, 307 So. 2d 433 (Fla.1975), cert. denied, 428 U.S. 912, 96 S.Ct. 3227, 49 L.Ed.2d 1221 (1976), involved a defendant twenty-seven years of age who was convicted of the murder of a thirteen-year-old female. The victim’s body was discovered lying atop a trash pile. She had been raped and shot to death, exe…

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