HUDSON
v.
FLORIDA
HUDSON
FLORIDA
493 U.S. 875
Supreme Court of the United States (1989)
Positive Treatment
Cited by 3 cases
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 sentence in this case.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hodges v. State, 885 So. 2d 338 (Fla. 2004)…rsuade the jury that life imprisonment would not be appropriate, Hodges’ prosecutor made the same argument made in several other capital cases. ’ E.g., Taylor v. State, 583 So. 2d 323 (Fla.1991); Hudson v. State, 538 So. 2d 829 (Fla.), cert. denied, 493 U.S. 875, 110 S.Ct. 212, 107 L.Ed.2d 165 (1989); Jackson v. State, 522 So. 2d 802 (Fla.), cert. denied, 488 U.S. 871, 109 S.Ct. 183, 102 L.Ed.2d 153 (1988). In Hudson we summarily dismissed the issue because Hudson had not objected and the argument did not c…
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Sochor v. Florida, 504 U.S. 527 (U.S. 1992)…ires appellate reweighing or review for harmlessness. We noted in Parker that the Supreme Court of Florida will generally not reweigh evidence independently, 498 U. S., at 319 (citing Hudson v. State, 538 So. 2d 829, 831 (per curiam), cert. denied, 493 U. S. 875 (1989); Brown v. Wainwright, 392 So. 2d 1327, 1331-1332 (1981) (per curiam)), and the parties agree that, to this extent at least, our perception of Florida law was correct. The State argues, nonetheless, that, in this case, the State Supreme Court…
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Bolender v. Singletary, 16 F.3d 1547 (11th Cir. 1994)…vidence when reviewing a death .sentence. See, e.g., Hudson v. State, 538 So. 2d 829, 831 (Fla.) (“It is not within this Court’s province to reweigh or reevaluate the evidence presented as to aggravating or mitigating circumstances.”), cert. denied, 493 U.S. 875, 110 S.Ct. 212, 107 L.Ed.2d 165 (1989). The Florida Supreme Court does, however, conduct a proportionality review of the sentence, which “involves comparing the balance between aggravating and mitigating circumstances in the case at hand with the…
Authorities Cited
- Gregg v. Georgia, 428 U.S. 153 (U.S. 1976)