Johnson Vs. Alabama

Johnson vs Alabama

Type Court Judgment Court US Supreme Court Decided 1988

~2 min read

https://sooperkanoon.com/case/106698

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/106698
Court: US Supreme Court
Decided On: 1988
Case Number: 488 U.S. 876
Subject: Right to Information

Case Summary

AI-generated summary - not the official court judgment text.

Right to Information

Key legal issue: Right to Information

Parties & Advocates

Appellant / Petitioner

Johnson

Respondent

Alabama

Excerpt

johnson v. alabama - 488 u.s. 876 (1988) u.s. supreme court johnson v. alabama , 488 u.s. 876 (1988) 488 u.s. 876 anthony keith johnson v. alabama. no. 87-7098. supreme court of the united states october 3, 1988 rehearing denied nov. 28, 1988. see 488 u.s. 976. on petition for writ of certiorari to the supreme court of alabama. the petition for a writ of certiorari is denied. justice brennan, dissenting. adhering to my view 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 , 2950, 49 l. ed.2d 859 (1976), i would grant certiorari and vacate the death sentence in this case. justice marshall, dissenting. i continue to adhere to my view that the death penalty is in all circumstances cruel and unusual punishment forbidden by the eighth and fourteenth amendments. gregg v. georgia, 428 u.s. 153, 231 , 2973 (1976) (marshall, j., dissenting). i also continue to believe that the death penalty's cruel and unusual nature is made all the more arbitrary and freakish when it is imposed by a judge in the face of a jury determination that the appropriate penalty is life imprisonment. see spaziano v. florida, 468 u.s. 447, 467 , 3166d 340 (1984) (stevens, j., concurring in part and dissenting in part). therefore, i would grant the petition for writ of certiorari and vacate petitioner's death sentence for the reasons i expressed in jones v. alabama, 470 u.s. 1062, 1063, 1780 (1985) ( marshall, j., dissenting). in this case, after a full hearing, the jury determined that life imprisonment, not death, was the punishment which petitioner deserved. nevertheless, following alabama law which allows him wide discretion in death sentences, the trial judge overrode the jury's determination and sentenced petitioner to death. i continue to believe that "[i]t approaches the most literal sense of the word '

Full Judgment

JOHNSON v. ALABAMA - 488 U.S. 876 (1988)
U.S. Supreme Court JOHNSON v. ALABAMA , 488 U.S. 876 (1988)

488 U.S. 876

Anthony Keith JOHNSON v. ALABAMA. No. 87-7098.

Supreme Court of the United States October 3, 1988 Rehearing Denied Nov. 28, 1988. See 488 U.S. 976.

On petition for writ of certiorari to the Supreme Court of Alabama.

The petition for a writ of certiorari is denied.

Justice BRENNAN, dissenting.

Adhering to my view 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 , 2950, 49 L. Ed.2d 859 (1976), I would grant certiorari and vacate the death sentence in this case.

Justice MARSHALL, dissenting.

I continue to adhere to my view that the death penalty is in all circumstances cruel and unusual punishment forbidden by the Eighth and Fourteenth Amendments. Gregg v. Georgia, 428 U.S. 153, 231 , 2973 (1976) (MARSHALL, J., dissenting). I also continue to believe that the death penalty's cruel and unusual nature is made all the more arbitrary and freakish when it is imposed by a judge in the face of a jury determination that the appropriate penalty is life imprisonment. See Spaziano v. Florida, 468 U.S. 447, 467 , 3166d 340 (1984) (STEVENS, J., concurring in part and dissenting in part). Therefore, I would grant the petition for writ of certiorari and vacate petitioner's death sentence for the reasons I expressed in Jones v. Alabama, 470 U.S. 1062, 1063, 1780 (1985) ( MARSHALL, J., dissenting).

In this case, after a full hearing, the jury determined that life imprisonment, not death, was the punishment which petitioner deserved. Nevertheless, following Alabama law which allows him wide discretion in death sentences, the trial judge overrode the jury's determination and sentenced petitioner to death. I continue to believe that "[i]t approaches the most literal sense of the word 'arbitrary' to put one to death in the face of a contrary jury determination where it is accepted that the jury had indeed responsibly carried out its task." Jones v. Alabama, supra, at 1065.[ Johnson v. Alabama 488 U.S. 876 (1988) ]

Same Court & Year US Supreme Court · 1988 Same Parties Johnson vs Alabama Same Subject Right to Information