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Gardner Vs. Florida
Cites for this judgment
- US Supreme Court
- Mar 22, 1977
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U.S. 349 (1977) U.S. Supreme Court Gardner v. FloridaSearch
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U.S. 349 (1977) Gardner v. FloridaSearch
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was imposed, at least in part, on the basis of information that he had no opportunity to deny or explain. Williams v. NewSearch
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sentencing procedure would be subject to the defects that resulted in the holding of unconstitutionality in Furman v. GeorgiaSearch
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Woodson v. NorthSearch
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U. S. 362 -364. MR. JUSTICE BLACKMUN concurred in the judgment on the basis of the judgments in Woodson v. NorthSearch
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Carolina, supra, and Roberts v. LouisianaSearch
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State v. DixonSearch
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determination of the constitutionality of the Florida capital sentencing procedure. Following the decision in Proffitt v. FloridaSearch
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holding that the Florida procedure, on its face, avoids the constitutional deficiencies identified in Furman v. GeorgiaSearch
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Page 430 U. S. 355 II The State places its primary reliance on this Court's landmark decision in Williams v. NewSearch
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recognized that death is a different kind of punishment from any other which may be imposed in this country. Gregg v. GeorgiaSearch
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is a critical stage of the criminal proceeding at which he is entitled to the effective assistance of counsel. Mempa v. RhaySearch
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of sentence even if he may have no right to object to a particular result of the sentencing process. See Witherspoon v. IllinoisSearch
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they may base their decisions on secret information. However acceptable that argument might have been before Furman v. GeorgiaSearch
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reviewed on appeal. Since the State must administer its capital sentencing procedures with a even hand, see Proffitt v. FloridaSearch
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sentencing procedure would be subject to the defects which resulted in the holding of unconstitutionality in Furman v. GeorgiaSearch
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Swan v. StateSearch
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considered this point on the appeal in this case, we presume that the entire court passed on the question. Cf. Boykin v. AlabamaSearch
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Supp. 1976). This Court upheld the constitutionality of the statute in Proffitt v. FloridaSearch
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report in the first instance in this Court flouts the procedural regularity mandated for capital sentencing by Furman v. GeorgiaSearch
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U. S. 238 , and Proffitt v. FloridaSearch
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See Williams v. NewSearch
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This argument is inconsistent with the basis upon which the Florida capital sentencing procedure was upheld, Proffitt v. FloridaSearch
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The Supreme Court of Florida decided petitioner's case before our decision in Proffitt v. FloridaSearch
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supra, and before its own consideration of Proffitt, 315 So.2d 461 (1975), or of Tedder v. StateSearch
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their failure to follow the teaching of those cases. MR. JUSTICE WHITE, concurring in the judgment. In Woodson v. NorthSearch
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Id. at 428 U. S. 304 -305. (Emphasis added.) The issue in this case, like the issue in Woodson v. NorthSearch
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in the judgment. MR. JUSTICE BLACKMUN, concurring in the judgment. Given the judgments of the Court in Woodson v. NorthSearch
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Carolina, 428 U. S. 280 (1976), and in Roberts v. LouisianaSearch
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Proffitt v. FloridaSearch
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and Gregg v. GeorgiaSearch
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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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imposed. Proffitt v. FloridaSearch
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that hope. While I continue to believe that the death penalty is unconstitutional in all circumstances, see Furman v. GeorgiaSearch
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the very basis for this Court's approval of that system in Proffitt. Page 430 U. S. 366 In Proffitt v. FloridaSearch
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a sentence of death should be so clear and convincing that virtually no reasonable person could differ,' Tedder v. StateSearch
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can review that case in light of the other decisions and determine whether or not the punishment is too great.' State v. DixonSearch
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upheld in Gregg v. GeorgiaSearch
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U.S. Supreme Court Gardner v. FloridaSearch
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Williams v. NewSearch
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and Roberts v. LouisianaSearch
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Proffitt v. FloridaSearch
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