CLARK
v.
TEXAS; CHRISTY V. PENNSYLVANIA; CARD V. DUGGER, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS; DOBBS V. KEMP, WARDEN; MCQUEEN V. KENTUCKY; STANO V. FLORIDA

U.S. | 1987-05-18
Nos. 86-6193; No. 86-6374; No. 86-6599; No. 86-6603; No. 86-6618; No. 86-6648
481 U.S. 1059 Supreme Court of the United States (1987) Positive Treatment
Cited by 33 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.

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  • De Ayala v. Fla. Farm Bureau Cas. Ins. Co., 543 So. 2d 204 (Fla. 1989)
    …d in human beings, normal and abnormal, as legal persons, are all living beings having a human form. But they must be living beings; corpses have no legal rights. (Emphasis added.) In State v. Powell, 497 So. 2d 1188, 1190 (Fla.1986), cert. denied, 481 U.S. 1059, 107 S.Ct. 2202, 95 L.Ed.2d 856 (1987), this Court agreed with the principle, stating: In addressing the issue of the statute’s constitutionality, we begin with the premise that a person’s constitutional rights terminate at death. See Roe v. Wade,…
  • Cary Michael Lambrix v. State, 559 So. 2d 1137 (Fla. 1990)
    …not constitute ineffectiveness under the test enunciated in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). See also Suarez v. Dugger, 527 So. 2d 190 (Fla.1988); Card v. State, 497 So. 2d 1169 (Fla.1986), cert. denied, 481 U.S. 1059, 107 S.Ct. 2203, 95 L.Ed.2d 858 (1987).* For the foregoing reasons, we affirm the order of the trial court denying the writ of habeas corpus. It is so ordered. [*1139] EHRLICH, C.J., and OVERTON, McDonald, shaw, barkett, GRIMES and KOGAN, JJ., con…
  • Card v. State, 652 So. 2d 344 (Fla. 1995)
    …9 U.S. 989, 105 S.Ct. 396, 83 L.Ed.2d 330 (1984). Card subsequently filed a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 which was denied. We affirmed. Card v. State, 497 So. 2d 1169, 1177 (Fla.1986), cert. denied, 481 U.S. 1059, 107 S.Ct. 2203, 95 L.Ed.2d 858 (1987). Card now appeals the denial of a second motion for post-conviction relief. This motion was denied without hearing. Card raises three issues on appeal, only the first of which merits discussion.1 That issue re…

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