DOBBERT
v.
FLORIDA

U.S. | 1980-06-09
No. 79-6362
447 U.S. 912 Supreme Court of the United States (1980) Negative Treatment
Cited by 51 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 (26 total)

  • Jent v. State, 408 So. 2d 1024 (Fla. 1981)
    …improperly places a burden of proof on a defendant, and (3) that the trial court improperly restricted the consideration of mitigating evidence. We find no merit to any of these claims. In Dobbert v. State, 375 So. 2d 1069 (Fla.1979), cert. denied, 447 U.S. 912, 100 S.Ct. 3000, 64 L.Ed.2d 862 (1980), the appellant attacked section 921.141 in its entirety as an unconstitutional incursion into this Court’s power over practice and procedure. We found that claim to have no merit and find no differently regardi…
  • Ferguson v. State, 417 So. 2d 639 (Fla. 1982)
    …deration of the two inapplicable aggravating circumstances was harmless. See Shriner v. State, 386 So. 2d 525 (Fla.1980), cert. denied, 449 U.S. 1103, 101 S.Ct. 899, 66 L.Ed.2d 289 (1981); Dob-bert v. State, 375 So. 2d 1069 (Fla.1979), cert. denied, 447 U.S. 912,101 S.Ct. 3000, 64 L.Ed.2d 862 (1980); Hargrave v. State, 366 So. 2d 1 (Fla.1978), cert. denied, 444 U.S. 919, 100 S.Ct. 239, 62 L.Ed.2d 176 (1979); and Elledge v. State, 346 So. 2d 998 (Fla.1977). The execution-style murders committed by the defen…
  • Welty v. State, 402 So. 2d 1159 (Fla. 1981)
    …there are no mitigating circumstances, and the sentencing judge has given due consideration to the recommendation of the jury, then a sentence of death should be affirmed by this Court. See Dobbert v. State, 375 So. 2d 1069 (Fla.1979), cert. denied, 447 U.S. 912, 100 S.Ct. 3000, 64 L.Ed.2d 862 (1980); Tedder v. State, 322 So. 2d 908 (Fla.1975); State v. Dixon, 283 So. 2d 1 (Fla.1973), cert. denied, 416 U.S. 943, 94 S.Ct. 1950, 40 L.Ed.2d 295 (1974). The present case meets these criteria. I would affirm the…

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