TISON
v.
ARIZONA (TWO CASES); AUTRY V. TEXAS; HILL V. ARKANSAS; CAPE V. ZANT, SUPERINTENDENT, GEORGIA DIAGNOSTIC CLASSIFICATION CENTER; WHITLEY V. VIRGINIA; RUIZ ET AL. V. ARKANSAS; SMITH V. BALKCOM, WARDEN, GEORGIA STATE PRISON; SMITH V. GEORGIA; ADAMS V. FLORIDA; MESSER V. ZANT, WARDEN; JOHNSON V. TENNESSEE; BROOKS V. ZANT, WARDEN, GEORGIA DIAGNOSTIC AND CLASSIFICATION CENTER; MASON V. MORRIS; SINGLETON V. ARKANSAS; BLAZAK V. ARIZONA; EVANS V. MACDOUGALL, DIRECTOR OF ARIZONA DEPARTMENT OF CORRECTIONS, ET AL.; BREEDLOVE V. FLORIDA
TISON
ARIZONA (TWO CASES); AUTRY V. TEXAS; HILL V. ARKANSAS; CAPE V. ZANT, SUPERINTENDENT, GEORGIA DIAGNOSTIC CLASSIFICATION CENTER; WHITLEY V. VIRGINIA; RUIZ ET AL. V. ARKANSAS; SMITH V. BALKCOM, WARDEN, GEORGIA STATE PRISON; SMITH V. GEORGIA; ADAMS V. FLORIDA; MESSER V. ZANT, WARDEN; JOHNSON V. TENNESSEE; BROOKS V. ZANT, WARDEN, GEORGIA DIAGNOSTIC AND CLASSIFICATION CENTER; MASON V. MORRIS; SINGLETON V. ARKANSAS; BLAZAK V. ARIZONA; EVANS V. MACDOUGALL, DIRECTOR OF ARIZONA DEPARTMENT OF CORRECTIONS, ET AL.; BREEDLOVE V. FLORIDA
459 U.S. 882
Supreme Court of the United States (1982)
Caution
Cited by 321 cases
Dissent
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
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Hardwick v. State, 521 So. 2d 1071 (Fla. 1988)…bed, then was shot and beaten. Under these facts, we thus find the evidence sufficient to establish heinousness, atrociousness and cruelty. See Doyle v. State, 460 So. 2d 353, 357 (Fla.1984); Adams v. State, 412 So. 2d 850, 857 (Fla.), cert. denied, 459 U.S. 882, 103 S.Ct. 182, 74 L.Ed.2d 148 (1982). As to the mitigating factors, Hardwick argues that the trial court failed to find in mitigation that he was impaired through drug or alcohol abuse. We agree that such evidence must be considered in mitigation,…
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Brooks v. State, 762 So. 2d 879 (Fla. 2000)…case must be considered on its own merits, however, and within the circumstances surrounding the complained of remarks. Id. Compare Paramore with Wilson v. State, 294 So. 2d 327 (Fla.1974). Breedlove v. State, 413 So. 2d 1, 8 (Fla.), cert. denied, 459 U.S. 882, 103 S.Ct. 184, 74 L.Ed.2d 149 (1982). 680 So. 2d at 418 (parallel citations omitted). I conclude that in the instant case the majority does not give “wide latitude” or respect the discretion of the trial court. Nor do I believe this case is contr…
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WAY v. State, 760 So. 2d 903 (Fla. 2000)…vating circumstance. Rather, it is sufficient that the capital murder occur during the same criminal episode as the enumerated felony, which was certainly the case in this instance. Accord Adams v. State, 412 So. 2d 850, 854-55 (Fla.), cert. denied, 459 U.S. 882, 103 S.Ct. 182, 74 L.Ed.2d 148 (1982) (cause of death was strangulation which occurred during the criminal episode of kidnapping and attempted rape); Scott v. State, 411 So. 2d 866, 867 (Fla.1982) [*919] (cause of death was head injuries which occur…
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- Gregg v. Georgia, 428 U.S. 153 (U.S. 1976)