STEWART
v.
FLORIDA; COPELAND V. SOUTH CAROLINA; TAYLOR V. LOUISIANA; BURDEN V. GEORGIA; WALLACE V. ZANT, WARDEN, GEORGIA DIAGNOSTIC AND CLASSIFICATION CENTER; BRILEY V. MITCHELL, SUPERINTENDENT, VIRGINIA STATE PENITENTIARY; RAINES V. ALABAMA

U.S. | 1983-04-18
Nos. 82-6187; No. 82-6194; No. 82-6206; No. 82-6210; No. 82-6262; No. 82-6284; No. 82-6306
460 U.S. 1103 Supreme Court of the United States (1983) Caution
Cited by 82 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 (40 total)

  • Reed v. State, 837 So. 2d 366 (Fla. 2002)
    …alleged error.” Brown, 124 So. 2d at 484. In other words, “fundamental error occurs only when the omission is pertinent or material to what the jury must consider in order to convict.” Stewart v. State, 420 So. 2d 862, 863 (Fla. 1982), cert. denied, 460 U.S. 1103, 103 S.Ct. 1802, 76 L.Ed.2d 366 (1983). Thus, for error to meet this standard, it must follow that the error prejudiced the defendant. Therefore, all fundamental error is harmful error. However, we likewise caution that not all harmful error is fun…
  • State v. Batraville Vincent Delva, 575 So. 2d 643 (Fla. 1991)
    …alleged error.” Brown, 124 So. 2d at 484. In other words, “fundamental error occurs only when the omission is pertinent or material to what the jury must consider in order to convict.” Stewart v. State, 420 So. 2d 862, 863 (Fla.1982), cert. denied, 460 U.S. 1103, 103 S.Ct. 1802, 76 L.Ed.2d 366 (1983). Failing to instruct on an element of the crime over which the record reflects there was no dispute is not fundamental error and there must be an objection to preserve the issue for appeal. E.g., Stewart (trial…
  • Blanco v. Louie L. Wainwright, 507 So. 2d 1377 (Fla. 1987)
    …se the issue on direct appeal because the ineffectiveness is apparent on the face of the record and it would be a waste of judicial resources to require the trial court to address the issue. Stewart v. State, 420 So. 2d 862 (Fla.1982), cert. denied, 460 U.S. 1103, 103 S.Ct. 1802, 76 L.Ed.2d 366 (1983); Foster v. State, 387 So. 2d 344 (Fla.1980). Petitioner asks that we expand this exception by holding, in effect, that not only may it be raised on direct appeal but that it must be raised on direct appeal, i…

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