BROWN
v.
FLORIDA

U.S. | 1981-01-19
No. 80-5708
449 U.S. 1118 Supreme Court of the United States (1981) Caution
Cited by 34 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 sentence in this case.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (34 total)

  • Lancelot Armstrong v. State, 642 So. 2d 730 (Fla. 1994)
    …e testimony of a prosecution witness constitutes grounds for a new trial. Recantation by a witness called on behalf of the prosecution does not necessarily entitle a defendant to a new trial. Brown v. State, 381 So. 2d 690 (Fla.1980), cert. denied, 449 U.S. 1118, 101 S.Ct. 931, 66 L.Ed.2d 847 (1981); Bell v. State, 90 So. 2d 704 (Fla.1956). In determining whether a new trial is warranted due to recantation of a witness’s testimony, a trial judge is to examine all the circumstances of the ease, including t…
  • Lightbourne v. State, 438 So. 2d 380 (Fla. 1983)
    …applying the aggravating circumstances that the trial court does not improperly duplicate robbery and pecuniary gain where defendant committed the crime of rape in conjunction with the murder. Brown v. State, 381 So. 2d 690 (Fla.1980), cert. denied, 449 U.S. 1118, 101 S.Ct. 931, 66 L.Ed.2d 847 (1981). There was adequate proof of rape. 4. The capital felony was especially heinous, atrocious, or cruel. § 921.-141(5)(h), Fla.Stat. (1981). Taking into consideration the totality of circumstances in this case, th…
  • Rose v. State, 425 So. 2d 521 (Fla. 1982)
    …n objection to excusing a juror on the basis of Witherspoon must be made to the trial court before the juror is excused. We hold that defendant is in no position to raise this point on appeal. Brown v. State, 381 So. 2d 690 (Fla.1980), cert. denied, 449 U.S. 1118, 101 S.Ct. 931, 66 L.Ed.2d 847 (1981). We have considered the remaining issues raised by defendant directed to his conviction and find them to be without merit. In addition to reviewing the record in light of the errors alleged by defendant, we hav…

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