FINNEY
v.
BALKCOM, WARDEN; STEELMAN V. ARIZONA; ANTONE V. FLORIDA

U.S. | 1980-10-14
Nos. 80-5235; No. 80-5252; No. 80-5268
449 U.S. 913 Supreme Court of the United States (1980) Caution
Cited by 33 cases
Dissent
Justice Brennan and Justice Marshall,

Justice Brennan and 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 (32 total)

  • Swafford v. State, 533 So. 2d 270 (Fla. 1988)
    …909, 103 S.Ct. 1883, 76 L.Ed.2d 812 (1983); Antone v. State, 382 So. 2d 1205 (Fla.) (the relevance of a statement made after a crime lay in its support of an inference concerning the defendant’s knowledge of certain criminal activity), cert, denied, 449 U.S. 913, 101 S.Ct. 287, 66 L.Ed.2d 141 (1980). . The hearsay exception for declarations against interest made by nonparties was discussed in Baker v. State, 336 So. 2d 364 (Fla.1976). The admissibility of such statements is also recognized in the federal c…
  • Lightbourne v. State, 438 So. 2d 380 (Fla. 1983)
    …, eliminates judicial discretion at the sentencing stage, and is therefore unconstitutional. This argument is clearly misplaced. The constitutionality of this section has been repeatedly upheld. Antone v. State, 382 So. 2d 1205 (Fla.), cert. denied, 449 U.S. 913, 101 S.Ct. 287, 66 L.Ed.2d 141 (1980); Alvord v. State, 322 So. 2d 533 (Fla.1975), cert. denied, 428 U.S. 923, 96 S.Ct. 3234, 49 L.Ed.2d 1226 (1976); State v. Dixon, 283 So. 2d 1 (Fla.1973), cert. denied, 416 U.S. 943, 94 S.Ct. 1950, 40 L.Ed.2d 295…
  • Harris v. State, 438 So. 2d 787 (Fla. 1983)
    …affidavit to support a finding of probable cause. We agree with the trial judge and find that he scrupulously adhered to the requirements of Franks, as well as to the dictates of this Court in Antone v. State, 382 So. 2d 1205 (Fla.), cert. denied, 449 U.S. 913, 101 S.Ct. 287, 66 L.Ed.2d 141 (1980), in concluding that the arrest was supported by probable cause and that, even assuming there was falsity, the remaining contents of the affidavit were legally sufficient to support the arrest warrant. Since the…

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