WHITE
v.
DUGGER, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

U.S. | 1987-08-27
No. 86-7154
483 U.S. 1044 Supreme Court of the United States (1987) Positive Treatment
Cited by 1 case
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 sentence in this case.

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    …e state courts. See, e.g., White v. Wainwright, 809 F. 2d 1478, 1481-82 (11th Cir.) (The district court deduced the requisite criminal intent or mens rea by recounting the detailed historical facts found by the Florida Supreme Court.), cert. denied, 483 U.S. 1044, 108 S.Ct. 20, 97 L.Ed.2d 807 (1987); Fitzpatrick v. Wainwright, 800 F. 2d 1057, 1063 (11th Cir.1986) (Recognizing that waiver of the Sixth Amendment right to counsel is a mixed question of faet and law, this court reiterated sufficient transcript o…

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