MCDOUGALL

v.

NORTH CAROLINA; SIMMONS V. ARKANSAS; MAGILL V. FLORIDA; HAYES V. ARKANSAS; FLAMER V. DELAWARE; WILSON V. GEORGIA; MUHAMMAD V. FLORIDA; JEFFERS V. ARIZONA; KUBAT V. ILLINOIS; FREE V. ILLINOIS; BASS V. ESTELLE, DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS; BUSH V. ALABAMA; DE LA ROSA V. TEXAS; FORD V. STRICKLAND, WARDEN, FLORIDA STATE PRISON, ET AL.; PRUETT V. MISSISSIPPI; PORTER V. FLORIDA; NARCISSE V. LOUISIANA; PETERSON V. VIRGINIA; WILLIAMS V. NORTH CAROLINA; CONNER V. GEORGIA; ARMSTRONG V. FLORIDA; DAVIS V. OKLAHOMA; ADAMSON V. ARIZONA

U.S. | 1983-10-03

Nos. 82-2105; No. 82-6697; No. 82-6733; No. 82-6741; No. 82-6771; No. 82-6852; No. 82-6865; No. 82-6870; No. 82-6876; No. 82-6881, No. 82-6915; No. 82-6916; No. 82-6922; No. 82-6923; No. 82-6933; No. 82-6937; No. 82-6982; No. 82-6990; No. 83-5051; No. 83-5095; No. 83-5145; No. 83-5183; No. 83-5227

464 U.S. 865 Supreme Court of the United States (1983) Negative Treatment

Cited by 185 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

In a dissolution of marriage case, the husband appealed a $216,000 lump sum alimony award, arguing the trial court abused its discretion in its size and its effect on the distribution of marital assets.

Holding

The appellate court affirmed the trial court's decision regarding the lump sum alimony award, implicitly finding no abuse of discretion in its amount or its role in the overall distribution of marital assets.

Facts & Procedural History

The parties were married for twenty-seven years, with the husband earning approximately $105,000 annually and the wife having been out of the workforc…

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Opinion of the Court

Sup. Ct. N. C.; Sup. Ct. Ark.; Sup. Ct. Fla.; Sup. Ct. Ark.; Sup. Ct. Del.; Sup. Ct. Ga.; Sup. Ct. Fla.; Sup. Ct. Ariz.; Sup. Ct. Ill.; Sup. Ct. Ill.; C. A. 5th Cir.; Sup. Ct. Ala.; Ct. Crim. App. Tex.; C. A. 11th Cir.; Sup. Ct. Miss.; Sup. Ct. Fla.; Sup. Ct. La.; Sup. Ct. Va.; Sup. Ct. N. C.; Sup. Ct. Ga.; Sup. Ct. Fla.; Ct. Crim. App. Okla.; and Sup. Ct. Ariz. Certiorari denied. Reported below: No. 82-2105, 308 N. C. 1, 301 S. E. 2d 308; No. 82-6697, 278 Ark. 305, 645 S. W. 2d 680; No. 82-6733, 428 So. 2d 649; No. 82-6741, 278 Ark. 211, 645 S. W. 2d 662; No. 82-6771, 490 A. 2d 104; No. 82-6852, 250 Ga. 630, 300 S. E. 2d 640; No. 82-6865, 426 So. 2d 533; No. 82-6870, 135 Ariz. 404, 661 P. 2d 1105; No. 82-6876, 94 Ill. 2d 437, 447 N. E. 2d 247; No. 82-6881, 94 Ill. 2d 378, 447 N. E. 2d 218; No. 82-6915, 696 F. 2d 1154 and 705 F. 2d 121; No. 82-6916, 431 So. 2d 563; No. 82-6922, 658 S. W. 2d 162; No. 82-6923, 696 F. 2d 804; No. 82-6933, 431 So. 2d 1101; No. 82-6937, 429 So. 2d 293; No. 82-6982, 426 So. 2d 118; No. 82-6990, 225 Va. 289, 302 S. E. 2d 520; No. 83-5051, 308 N. C. 47, 301 S. E. 2d 335; No. 83-5095, 251 Ga. 113, 303 S. E. 2d 266; No. 83-5145, 429 So. 2d 287; No. 83-5183, 665 P. 2d 1186; No. 83-5227, 136 Ariz. 250, 665 P. 2d 972.

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

Cited By (88 total)

Maxwell v. Louie L. Wainwright, 490 So. 2d 927 (Fla. 1986)

…d to impartially serve in a capital trial. The lack of an objection on this ground at trial, however, was a waiver of the argument so it is not cognizable by motion for post-conviction relief. Armstrong v. State, 429 So. 2d 287 (Fla.), cert. denied, 464 U.S. 865, 104 S.Ct. 203, 78 L.Ed.2d 177 (1983). Therefore the trial court was correct to summarily dismiss the rule 3.850 claim raised on this ground. Moreover, under established Florida law, the juror was properly excused because, based on the record of t…

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Johnson v. State, 660 So. 2d 637 (Fla. 1995)

…itself judged by any similar standard. Once the factors are established, assigning their weight relative to one another is a question entirely within the discretion of the finder of fact, Ford v. Strickland, 696 F. 2d 804 (11th Cir.), cert. denied, 464 U.S. 865, 104 S.Ct. 201, 78 L.Ed.2d 176 (1983), subject to this Court’s constitutionally required proportionality review. Johnson also contends that the standard instructions impermissibly place the burden of proof on the defendant to prove a case for mitig…
Cochran v. State, 547 So. 2d 928 (Fla. 1989)

…commen [*935] dation be followed if there is a reasonable basis for it in the evidence. See, e.g., Porter v. State, 429 So. 2d 293, 296 (Fla.) (override proper where jury was probably influenced in favor of life by an improper factor), cert. denied, 464 U.S. 865, 104 S.Ct. 202, 78 L.Ed.2d 176 (1983). But the reasonableness of the jury’s recommendation should be evaluated in light of all the evidence considered, see, e.g., Hoy v. State, 353 So. 2d 826, 832 (Fla.1977) (jury override sentence was proper “und…

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Previewing 3 of 88 citing cases — full citator treatment, depth of discussion, and citing context are member features.

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Authorities Cited

Gregg v. Georgia, 428 U.S. 153 (U.S. 1976)
Ford v. Strickland, 696 F.2d 804 (11th Cir. 1983)
Sampson Armstrong v. State, 429 So. 2d 287 (Fla. 1983)
Raleigh Porter v. State, 429 So. 2d 293 (Fla. 1983)
Askari Abdullah Muhammad v. State, 426 So. 2d 533 (Fla. 1982)
Bass v. W.J. Estelle, Jr., 696 F.2d 1154 (5th Cir. 1983)
Magill v. State, 428 So. 2d 649 (Fla. 1983)
Bass v. W.J. Estelle, Jr., 705 F.2d 121 (5th Cir. 1983)

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