PRESNELL
v.
KEMP, WARDEN, ET AL.; JACKSON V. FLORIDA; GUZMAN V. CALIFORNIA; HOOKS V. ALABAMA; GRANT V. CALIFORNIA; AINSWORTH V. CALIFORNIA; WILLIAMS V. CALIFORNIA; RICH V. CALIFORNIA; DANIELS V. ALABAMA; FAIRCHILD V. LOCKHART, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION

U.S. | 1989-01-23
Nos. 88-5770; No. 88-5801; No. 88-5861; No. 88-5864; No. 88-5957; No. 88-5964; No. 88-5981; No. 88-5985; No. 88-6015; No. 88-6017
488 U.S. 1050 Supreme Court of the United States (1989) Positive Treatment
Cited by 36 cases

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Synopsis

The appellate court reversed the trial court's order denying the custodial mother's relocation with the child to Michigan and subsequently ordering her return to Florida or loss of custody.


Holding

The appellate court reversed the trial court's order, finding that the custodial parent's move to another state, in the absence of compelling circumstances, is not a substantial change of circumstances that would support a change in custody.


Facts & Procedural History

The custodial mother, Rebecca Zugda, sought to relocate with her minor child to Michigan due to worsening financial circumstances and familial support…

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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


Citator

Cited By (19 total)

  • Robinson v. State, 574 So. 2d 108 (Fla. 1991)
    …umstances. We do not agree that the instruction requires or encourages jurors to consider everything within these categories as a single factor, thereby distorting the weighing process. Jackson v. State, 530 So. 2d 269, 273 (Fla.1988), cert. denied, 488 U.S. 1050, 109 S.Ct. 882, 102 L.Ed.2d 1005 (1989). The instruction is not ambiguous, and we find no reasonable likelihood that the jurors understood the instruction to prevent them from considering and weighing any “constitutionally relevant evidence.” Boyde…
  • Erickson v. State, 565 So. 2d 328 (Fla. 4th DCA 1990)
    …ed could be inferred, pursuant to section 90.-803(18), Florida Statutes (1987), or as relevant to show the defendant’s state of mind under section 90.803(3)(a), Florida Statutes (1987). Jackson v. State, 530 So. 2d 269, 272 (Fla.1988), cert. denied, 488 U.S. 1050, 109 S.Ct. 882, 102 L.Ed.2d 1005 (1989); Pieczynski v. State, 516 So. 2d 1048, 1051 (Fla. 3d DCA 1987). As defined by the charge in the information,6 the state was required to prove that the defendant fondled the victim’s buttocks with a lewd and la…
  • Jones v. State, 612 So. 2d 1370 (Fla. 1992)

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