HOY
v.
FLORIDA

U.S. | 1978-10-16
No. 77-7009
439 U.S. 920 Supreme Court of the United States (1978) Negative 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 sentence in this case.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (33 total)

  • Straight v. State, 397 So. 2d 903 (Fla. 1981)
    …53 L.Ed.2d 344 (1977) with Manning v. State, 378 So. 2d 274 (Fla.1979). The circumstances here are different. Furthermore, the general rule stated in Oliver has been restricted and refined. In Hoy v. State, 353 So. 2d 826 (Fla.1977), cert. denied, 439 U.S. 920, 99 S.Ct. 293, 58 L.Ed.2d 265 (1978), the appellant argued that the rule of Oliver required a change of venue because of publicity surrounding his confession. The Court distinguished Oliver, and pointed out that Hoy’s retraction of his confession wa…
  • Craig v. State, 510 So. 2d 857 (Fla. 1987)
    …1 (Fla.1981), cert, denied, 463 U.S. 1229, 103 S.Ct. 3571, 77 L.Ed.2d 1412 (1983); Johnson v. State, 393 So. 2d 1069 (Fla.1980), cert, denied, 454 U.S. 882, 102 S.Ct. 364, 70 L.Ed.2d 191 (1981); Hoy v. State, 353 So. 2d 826 (Fla.1977), cert, denied, 439 U.S. 920, 99 S.Ct. 293, 58 L.Ed.2d 265 (1978); Douglas v. State, 328 So. 2d 18 (Fla.), cert, denied, 429 U.S. 871, 97 S.Ct. 185, 50 L.Ed.2d 151 (1976). We have found the Tedder standard was met where “[t]he recommendation of life was not based on any valid…
  • Rolling v. State, 695 So. 2d 278 (Fla. 1997)
    …ning, 378 So. 2d at 275; (4) the size of the community in question, Copeland v. State, 457 So. 2d 1012, 1017 (Fla.1984); and (5) whether the defendant exhausted all of his peremptory challenges. Hoy v. State, 353 So. 2d 826 (Fla.1977), cert. denied, 439 U.S. 920, 99 S.Ct. 293, 58 L.Ed.2d 265 (1978). The second prong of the analysis requires the trial court to examine the extent of difficulty in actually selecting an impartial jury at voir dire. If voir dire shows that it is impossible to select jurors who…

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