WITT
v.
FLORIDA; BURNS V. TEXAS; SHIPPY V. TEXAS; PRYOR V. GEORGIA

U.S. | 1977-10-31
Nos. 77-5026; No. 77-5305; No. 77-5355; No. 77-5464
434 U.S. 935 Supreme Court of the United States (1977) Positive Treatment
Cited by 34 cases
Dissent
Mr. Justice Brennan and Mr. Justice Marshall,

Mr. Justice Brennan and Mr. Justice Marshall,

dissenting.

Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentences in these cases.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By (34 total)

  • Witt v. State, 387 So. 2d 922 (Fla. 1980)
    …nathan Kushner. The trial judge accepted the jury’s recommendation that Witt be sentenced to death and, on appeal to this Court, the trial court’s judgment of conviction and sentence were affirmed. Witt v. State, 342 So. 2d 497 (Fla.), cert. denied, 434 U.S. 935, 98 S.Ct. 422, 54 L.Ed.2d 294 (1977); reh. denied, 434 U.S. 1026, 98 S.Ct. 755, 54 L.Ed.2d 774 (1978). Witt subsequently sought post-conviction relief in the trial court pursuant to Florida Rule of Criminal Procedure 3.850,1 which was denied. He now…
  • Palmes v. State, 397 So. 2d 648 (Fla. 1981)
    …de the recorded confession took place at his own request. He made no request to speak to an attorney and executed a written waiver of counsel. The right to counsel during questioning can be waived. Witt v. State, 342 So. 2d 497 (Fla.), cert. denied, 434 U.S. 935, 98 S.Ct. 422, 54 L.Ed.2d 774 (1977). Investigating officers are not required to try to convince a defendant that he needs an attorney. State v. Craig, 237 So. 2d 737 (Fla.1970). We therefore hold that the court properly admitted the confession into…
  • Delap v. State, 440 So. 2d 1242 (Fla. 1983)
    …ant’s statement that he was represented in another matter does not constitute a demand for the presence of an attorney in the matter at hand. The right to counsel during questioning can be waived. Witt v. State, 342 So. 2d 497 (Fla.), cert. denied, 434 U.S. 935, 98 S.Ct. 422, 54 L.Ed.2d 294 (1977). Investigating officers are not required to try to convince a defendant that he needs an attorney. Palmes v. State, 397 So. 2d 648 (Fla.), cert. denied, 454 U.S. 882, 102 S.Ct. 369, 70 L.Ed.2d 195 (1981); State v…

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