TUCKER
v.
ZANT, SUPERINTENDENT, GEORGIA DIAGNOSTIC AND CLASSIFICATION CENTER; STRAIGHT V. FLORIDA

U.S. | 1981-11-02
Nos. 81-5107; No. 81-5338
454 U.S. 1022 Supreme Court of the United States (1981) Negative Treatment
Cited by 156 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 (78 total)

  • Heiney v. State, 447 So. 2d 210 (Fla. 1984)
    …m as a person of bad character or having a propensity to commit crimes, such evidence must be presumed to have had impact on the jury to the detriment and improper prejudice of the accused. Straight v. State, 397 So. 2d 903, 908 (Fla.) cert. denied, 454 U.S. 1022, 102 S.Ct. 556, 70 L.Ed.2d 418 (1981). I therefore conclude that appellant’s conviction should be reversed and the case remanded for a new trial. Any evidence that is relevant to some issue of material fact, unless barred by some specific rule of…
  • Czubak v. State, 570 So. 2d 925 (Fla. 1990)
    …sed.* The state claims that Schultz’s testimony was harmless error. We do not agree. Erroneous admission of collateral crimes evidence is presumptively harmful. Castro, 547 So. 2d at 116; Straight v. State, 397 So. 2d 903, 908 (Fla.), cert. denied, 454 U.S. 1022, 102 S.Ct. 556, 70 L.Ed.2d 418 (1981). Error is harmless only “if it can be said beyond a reasonable doubt that the verdict could not have been affected by the error.” Ciccarelli v. State, 531 So. 2d 129, 132 (Fla.1988). In view of the fact that the…
  • Swafford v. State, 533 So. 2d 270 (Fla. 1988)
    …cter of Swafford. It therefore falls within the rule of exclusion contained in the final clause of section 90.404(2)(a), Florida Statutes, and should never have been heard by the jury. See Straight v. State, 397 So. 2d 903, 908 (Fla.), cert, denied, 454 U.S. 1022, 102 S.Ct. 556, 70 L.Ed.2d 418 (1981); McCrae v. State, 395 So. 2d 1145, 1152 (Fla. 1980), cert, denied, 454 U.S. 1041,102 S.Ct. 583, 70 L.Ed.2d 486 (1981); Smith v. State, 365 So. 2d 704, 706 (Fla.1978), cert, denied, 444 U.S. 885, 100 S.Ct. 177, 6…

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