ELLEDGE
v.
FLORIDA; BERRYHILL V. GEORGIA; RILEY V. FLORIDA; BROWN V. ZANT, SUPERINTENDENT, GEORGIA DIAGNOSTIC AND CLASSIFICATION CENTER

U.S. | 1982-11-01
Nos. 81-6813; No. 82-5317; No. 82-5348; No. 82-5373
459 U.S. 981 Supreme Court of the United States (1982) Caution
Cited by 32 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)

  • Correll v. State, 523 So. 2d 562 (Fla. 1988)
    …ond a reasonable doubt that the dominant motive for the murder was the elimination of a witness. Doyle v. State, 460 So. 2d 353 (Fla.1984); Menendez v. State, 368 So. 2d 1278 (Fla.1979); Riley v. [*568] State, 366 So. 2d 19 (Fla.1978), cert. denied, 459 U.S. 981, 103 S.Ct. 317, 74 L.Ed.2d 294 (1982). We conclude that the evidence in this case supports the finding of this aggravating circumstance. With respect to Marybeth Jones, the facts indicate that she was the last person killed that night as she retur…
  • Garron v. State, 528 So. 2d 353 (Fla. 1988)
    …f the murder is not a police officer, proof of intent to avoid arrest by murdering a possible witness must be very strong before the murder can be considered as an aggravating circumstance. Riley v. State, 366 So. 2d 19, 22 (Fla.1978), cert. denied, 459 U.S. 981, 103 S.Ct. 317, 74 L.Ed.2d 294 (1982). See White v. State, 403 So. 2d 331, 338 (Fla.1981), cert. denied, 463 U.S. 1229, 103 S.Ct. 3571, 77 L.Ed.2d 1412 (1983) (elimination of witness must be “dominant motive” behind murder where victim is not a poli…
  • Dufour v. State, 495 So. 2d 154 (Fla. 1986)
    …o avoid arrest or detection through the killing. No showing was made that the dominant or sole motive for the murder was the elimination of witnesses. Bates v. State, 465 So. 2d 490 (Fla.1985); Riley v. State, 366 So. 2d 19 (Fla.1978), cert. denied, 459 U.S. 981, 103 S.Ct. 317, 74 L.Ed.2d 294 (1982). [*164] We affirm the trial court’s finding, however, that appellant’s announcement of his intention to commit a murder and the subsequent execution-style shooting sufficiently established a cold, calculated and…

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