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Dobbert Vs. Florida
Cites for this judgment
- US Supreme Court
- Jun 17, 1977
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U.S. 282 (1977) U.S. Supreme Court Dobbert v. FloridaSearch
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U.S. 282 (1977) Dobbert v. FloridaSearch
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TO THE SUPREME COURT OF FLORIDA Syllabus The Florida death penalty statute, which was upheld in Proffitt v. FloridaSearch
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because the earlier statute in effect at such time was later held invalid by the Florida Supreme Court under Furman v. GeorgiaSearch
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this Court struck down a Georgia death penalty statute as violative of the Eighth and Fourteenth Amendments. Furman v. GeorgiaSearch
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U. S. 238 . Shortly thereafter, on July 17, 1972, in Donaldson v. SackSearch
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Page 432 U. S. 289 the Opinion of Mr. Justice Stewart, Mr. Justice Powell, and Mr. Justice Stevens in Proffitt V. FloridaSearch
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delimit the scope of this Latin phrase, but have instead given it substance by an accretion of case law. In Beazell v. OhioSearch
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Brief any citation in this list with AI Studio
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provision was intended to secure substantial personal rights against arbitrary and oppressive legislation, see Malloy v. SouthSearch
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it may work to the disadvantage of a defendant, a procedural change is not ex post facto. For example, in Hopt v. UtahSearch
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greater punishment, nor changed the proof necessary to convict. Id. at 110 U. S. 589 . In Thompson v. MissouriSearch
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there was no change in the quantum of punishment attached to the crime. The following language from Hopt v. UtahSearch
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Tedder v. StateSearch
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So.2d 908, 910 (1975) (emphasis added) (cited with approbation in Proffitt v. FloridaSearch
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proof of this fact is that this old statute was held to be violative of the United States Constitution in Donaldson v. SackSearch
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was, after the time he acted, found by the Supreme Court of Florida to be invalid under our decision in Furman v. GeorgiaSearch
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murder Petitioner's highly technical argument is at odds with the statement of this Court in Chicot County Dist. v. BaxterSearch
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conferring no rights and imposing no duties, and hence affording no basis for the challenged decree. Norton v. ShelbySearch
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Chicago, I. L. Ry. Co. v. PageSearch
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before becoming eligible for parole. The prior statute contained no such limitation. The Florida Supreme Court, in Lee v. StateSearch
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and so any added onus attaching to it as a result of the change in Florida law had no effect on him. In Lindsey v. WashingtonSearch
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punitive measure to a crime already consummated, to the detriment or material disadvantage of the wrongdoer. Kring v. MissouriSearch
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Malloy v. SouthSearch
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State v. CallahanSearch
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State v. SmithSearch
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not have attached to it under the old. D After our Furman decision and its own decision in Donaldson v. SackSearch
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Court resentenced all prisoners under sentence of death pursuant to the old statute to life imprisonment. Anderson v. StateSearch
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coverage, including a number of television and radio stories regarding the various aspects of the case. In Murphy v. FloridaSearch
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Id. at 799-800, quoting from Irwin v. DowdSearch
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The constitutionality of this statute has been upheld by the Florida Supreme Court, State v. DixonSearch
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So.2d 1 (1973), and by this Court, Proffitt v. FloridaSearch
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These are independent bases for our decision. For example, in Beazell v. OhioSearch
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penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. GeorgiaSearch
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in Florida. Several months after his offense, Florida enacted the death penalty statute that was upheld in Proffitt v. FloridaSearch
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test the Court has applied in past cases construing the Ex Post Facto Clause. That test was stated in Lindsey v. WashingtonSearch
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was most plainly revealed by the nationwide response to this Court's invalidation of the death penalty in Furman v. GeorgiaSearch
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Yet the Court's holding may lead to results which are intolerably arbitrary. For example, the trial in Miller v. StateSearch
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In response to this Court's decision in Furman v. GeorgiaSearch
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to exist, and that there was no possible procedure under existing Florida law for imposing the penalty. Donaldson v. SackSearch
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State v. WhalenSearch
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Court could not serve as a basis for a retroactive attack on a final judgment in a civil case. Chicot County Dist. v. BaxterSearch
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Cf. Kring v. MissouriSearch
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Id. at 107 U. S. 230 -231, quoting Hartung v. PeopleSearch
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