HULSEY
v.
ARKANSAS; ALDRIDGE V. FLORIDA; PEEK V. GEORGIA; CAMPBELL V. GEORGIA; STANLEY V. GEORGIA; ISAACS ET AL. V. HOPPER, WARDEN; PEERY V. NEBRASKA; DUNSDON V. UTAH; MARVELL V. UTAH; CODIANNA V. UTAH; PIERRE V. UTAH; ANDREWS V. UTAH

U.S. | 1978-10-02
Nos. 77-6774; No. 77-6691; No. 77-6385; No. 77-6702; No. 77-6744; No. 78-5089; No. 78-6809; No. 77-6563; No. 77-6578; No. 77-6579; No. 77-6583; No. 77-6743
439 U.S. 882 Supreme Court of the United States (1978) Negative Treatment
Cited by 22 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


Citator

Cited By (20 total)

  • Hitchcock v. State, 413 So. 2d 741 (Fla. 1982)
    …ng an additional aggravating circumstance. At the time of. the murder Hitchcock was on parole from Arkansas, and being on parole has been construed as being under sentence of imprisonment. Aldridge v. State, 351 So. 2d 942 (Fla.1977), cert., denied, 439 U.S. 882, 99 S.Ct. 220, 58 L.Ed.2d 194 (1978). See also Peek v. State, 395 So. 2d 492 (Fla.1980). The failure to consider this aggravating circumstance, however, does not impair the validity of the death sentence imposed here because both the jury and the ju…
  • Beauford White v. State, 403 So. 2d 331 (Fla. 1981)
    …ncarceration. The defendant was, however, on parole at the time the crimes were committed. Parole does not terminate a sentence of imprisonment but rather is a continuation of the sentence. Aldridge v. State, 351 So. 2d 942 (Fla.1977), cert. denied, 439 U.S. 882, 99 S.Ct. 220, 58 L.Ed.2d 194 (1978); Sellers v. Bridges, 153 Fla. 586, 15 So. 2d 293 (1943). Therefore, we find that the trial judge properly applied this aggravating circumstance. Second, the trial judge properly found that the defendant had been…
  • Williams v. State, 437 So. 2d 133 (Fla. 1983)
    …er sentence of imprisonment because of the 1975 Orange County conviction and 10-year sentence. Williams was on parole at the time of this homicide; an actual incarceration is not necessary. Aldridge v. State, 351 So. 2d 942 (Fla.1977), cert. denied, 439 U.S. 882, 99 S.Ct. 220, 58 L.Ed.2d 194 (1978). This is satisfactory proof of section 921.141(5)(a), Florida Statutes (1979). Similarly, section 921.141(5)(b) was proven by either the 1972 conviction for aggravated assault or by the 1975 aggravated assault co…

Previewing 3 of 20 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw