EVANS
v.
MISSISSIPPI; BOLANDER V. FLORIDA; ALDRIDGE V. FLORIDA; MCCRAE V. FLORIDA

U.S. | 1983-05-16
Nos. 82-6267; No. 82-6423; No. 82-6433; No. 82-6555
461 U.S. 939 Supreme Court of the United States (1983) Positive Treatment
Cited by 5 cases

Dissent
Justice Brennan and Justice Marshall,

Justice Brennan and Justice Marshall,

dissenting.

Adhering to our views that the death penalty is in all cir-cumstances 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.


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  • Brown v. State, 473 So. 2d 1260 (Fla. 1985)
    …al judge to overrule the jury’s recommendation and impose a sentence of death. See e.g., Porter v. State, 429 So. 2d 293 (Fla.), cert. denied, — U.S.-, 104 S.Ct. 202, 78 L.Ed.2d 176 (1983); Bolender v. State, 422 So. 2d 833 (Fla.1982), cert. denied, 461 U.S. 939, 103 S.Ct. 2111, 77 L.Ed.2d 315 (1983); Stevens v. State, 419 So. 2d 1058 (Fla.1982), cert. denied, 459 U.S. 1228, 103 S.Ct. 1236, 75 L.Ed.2d 469 (1983); Miller v. State, 415 So. 2d 1262 (Fla.1982), cert. denied, 459 U.S. 1158, 103 S.Ct. 802, 74 L.E…
  • Thompson v. Crawford, 479 So. 2d 169 (Fla. 3d DCA 1985)
    …and received concurrent life sentences on all twelve counts. The other was tried by a jury, convicted of all twelve counts, and sentenced to death. The details of the crimes are recited in Bolender v. State, 422 So. 2d 833 (Fla. 1982), cert. denied, 461 U.S. 939, 103 S.Ct. 2111, 77 L.Ed.2d 315, reh’g denied, 462 U.S. 1146, 103 S.Ct. 3131, 77 L.Ed.2d 1380 (1983). . On February 17, 1978, Thompson was found unconscious in a shower stall while being held in a federal prison (Federal Correctional Institution,…
  • Ford v. Seabold, 841 F.2d 677 (6th Cir. 1988)
    …he issue, and although two federal courts of appeal have held that a male defendant may raise a due process claim, see, e.g., Gibson v. Zant, 705 F. 2d 1543 (11th Cir.1983); Folston v. Allsbrook, 691 F. 2d 184, 186 n. 3 (4th Cir.1982), cert. denied, 461 U.S. 939, 103 S.Ct. 2111, 77 L.Ed. 2d 314 (1983), this Court concluded in Al-dridge that a due process claim cannot be raised in a challenge to the. composition of the grand jury which indicted the petitioner. Petitioner’s final argument is that his Fifth, S…

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