DARDEN
v.
FLORIDA

U.S. | 1977-04-19
No. 76-5382
with whom Mr. Justice Marshall
430 U.S. 704 Supreme Court of the United States (1977) Negative Treatment
Also reported at: 51 L. Ed. 2d 751 · 97 S. Ct. 1671 · 1977 U.S. LEXIS 2187 · SCDB 1976-087
Cited by 128 cases
Per_curiam
Per Curiam.

Per Curiam.

The writ of certiorari is dismissed as improvidently granted.

Dissent
Mr. Justice Brennan,

Mr. Justice Brennan,

with whom Mr. Justice Marshall joins, dissents and, adhering to his view that capital punishment is in all circumstances prohibited as cruel and unusual punishment by the Eighth and Fourteenth Amendments, would set aside the death sentence imposed in this case.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (37 total)

  • Brooks v. State, 762 So. 2d 879 (Fla. 2000)
    …be granted when it is “reasonably evident that the remarks might have influenced the jury to reach a more severe [*908] verdict of guilt than it would have otherwise done.” Darden v. State, 329 So. 2d 287, 289 (Fla.1976), cert. denied, 430 U.S. 704, 97 S.Ct. 1671, 51 L.Ed.2d 751 (1977). Each case must be considered on its own merits, however, and within the circumstances surrounding the complained of remarks. Id. Compare Paramore with Wilson v. State, 294 So. 2d 327 (Fla.1974). Breedlove v. State, 413 So.…
  • The Petition of Andrew A. Graham v. State, 372 So. 2d 1363 (Fla. 1979)
    …April 19, 1976 Florida Supreme Court stay granted— April 19, 1976 U. S. Supreme Court stay granted — May 14, 1976 U. S. Supreme Court certiorari granted— November 1, 1976 (429 U.S. 917); U. S. Supreme Court certiorari dismissed — April 19, 1977 (430 U.S. 704) (Brennen and Marshall, J.J., dissenting) Gardner order — May 6, 1977 Gardner response — May 16, 1977 Gardner relief denied — December 19, 1978 (no application for relief filed) Fla.R.Crim.P. 3.850 motion denied by trial court — May 21, 1979 Florida…
  • McArthur Breedlove v. State, 413 So. 2d 1 (Fla. 1982)
    …. A new trial should be granted when it is “reasonably evident that the remarks might have influenced the jury to reach a more severe verdict of guilt than it would have otherwise done.” Darden v. State, 329 So. 2d 287, 289 (Fla.1976), cert. denied, 430 U.S. 704, 97 S.Ct. 308, 50 L.Ed.2d 282 (1977). Each case must be considered on its own merits, however, and within the circumstances surrounding the complained-of remarks. Id. Compare Paramore with Wilson v. State, 294 So. 2d 327 (Fla.1974). The judge refus…

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