GILBERT
v.
SOUTH CAROLINA; GLEATON V. AIKEN, WARDEN, ET AL.; HIGH V. KEMP, SUPERINTENDENT, GEORGIA DIAGNOSTIC AND CLASSIFICATION CENTER; BALDWIN V. MAGGIO, WARDEN, LOUISIANA STATE PENITENTIARY; CORN V. ZANT, WARDEN; BERRYHILL V. FRANCIS, WARDEN; MCCALL V. ARIZONA; SMITH V. FLORIDA

U.S. | 1984-05-29
Nos. 83-5088; No. 83-5092; No. 83-5148; No. 83-5432; No. 83-5716; No. 83-6090; No. 83-6519; No. 83-6549
467 U.S. 1220 Supreme Court of the United States (1984) Caution
Cited by 84 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

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Cited By (41 total)

  • Harvey v. Dugger, 656 So. 2d 1253 (Fla. 1995)
    …he issues now set forth in claim 1, we would have found them to be without merit. Therefore, claim 1 is denied. Claims 2, 3, and 5 were raised on direct appeal and are now procedurally barred. Smith v. State, 445 So. 2d 323 (Fla.1983), cert. denied, 467 U.S. 1220, 104 S.Ct. 2671, 81 L.Ed.2d 375 (1984). Claims 4, 6, and 7 duplicate claims raised in the rule 3.850 appeal discussed previously in this opinion. Accordingly, we deny the petition for a writ of habeas corpus. We reverse the trial court’s summary de…
  • Williamson v. Dugger, 651 So. 2d 84 (Fla. 1994)
    …ited States Constitution. Claim 5, except for that part dealing with trial counsel’s effectiveness, is procedurally barred because it either could or should have been raised on direct appeal. Smith v. State, 445 So. 2d 323 (Fla.1983), cert. denied, 467 U.S. 1220, 104 S.Ct. 2671, 81 L.Ed.2d 375 (1984). We also find that claim 6 is procedurally barred as it was raised and rejected on direct appeal. Williamson, 511 So. 2d at 293. Claims 1, 3, and part of claims 2 and 5 involve allegations of ineffective assis…
  • Torres-Arboleda v. Dugger, 636 So. 2d 1321 (Fla. 1994)
    …on direct appeal, but were not, are not cognizable through collateral attack. See Johnson v. State, 593 So. 2d 206 (Fla.) cert. denied, — U.S. -, 113 [*1324] S.Ct. 119, 121 L.Ed.2d 75 (1992); Smith v. State, 445 So. 2d 323 (Fla.1983), cert. denied, 467 U.S. 1220, 104 S.Ct. 2671, 81 L.Ed.2d 375 (1984). Applying this standard to the claims raised by Torres-Arboleda, we find that issues four, five, and seven through twelve are procedurally barred because they should have been raised on direct appeal but were…

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