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Zant Vs. Stephens
Cites for this judgment
- US Supreme Court
- May 03, 1982
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U.S. 410 (1982) U.S. Supreme Court Zant v. StephensSearch
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U.S. 410 (1982) Zant v. StephensSearch
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Stephens v. HopperSearch
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U.S. 991 (1978). The jury imposed the death penalty. On direct appeal, the Georgia Supreme Court affirmed. Stephens v. StateSearch
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Ga. 259, 227 S.E.2d 261, cert. denied, 429 U.S. 986 (1976). On the authority of Arnold v. StateSearch
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Ga. at 261-262, 227 S.E.2d at 263. After exhausting his state postconviction remedies, Stephens v. HopperSearch
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modified, 648 F.2d 446 (1981). We granted the petition for certiorari. 454 U.S. 814. In Gregg v. GeorgiaSearch
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the standards and procedures set forth therein promised to alleviate to a significant degree the concern of Furman v. GeorgiaSearch
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was clarified in concrete cases that we confronted and addressed more specific constitutional challenges in Coker v. GeorgiaSearch
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U. S. 584 (1977), Presnell v. GeorgiaSearch
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U. S. 14 (1978), Green v. GeorgiaSearch
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U. S. 95 (1979), and Godfrey v. GeorgiaSearch
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Brief any citation in this list with AI Studio
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Gates v. StateSearch
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conceive as a basis for the Georgia Supreme Court's position, might undermine the confidence we expressed in Gregg v. GeorgiaSearch
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See Stevens v. StateSearch
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Green v. StateSearch
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Hamilton v. StateSearch
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Brooks v. StateSearch
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Gollis v. StateSearch
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Dampier v. StateSearch
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Burger v. StateSearch
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Stephens v. StateSearch
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assumptions about the meaning -- and the constitutionality -- of the Georgia Supreme Court's position. In Drake v. ZantSearch
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sentences -- premised in part on the (b)(7) aggravating circumstance -- were imposed prior to our decision in Godfrey v. GeorgiaSearch
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JUSTICE MARSHALL, with whom JUSTICE BRENNAN joins, dissenting. Six years ago, in Gregg v. GeorgiaSearch
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instructed with respect to the very factors that save the Georgia statute from unconstitutionality. See Gregg v. GeorgiaSearch
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cruel and unusual punishment prohibited by the Page 456 U. S. 418 Eighth and Fourteenth Amendments. Gregg v. GeorgiaSearch
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of this case. In Furman v. GeorgiaSearch
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has been established beyond a reasonable doubt, the jury is not required to impose the death penalty. See Bowen v. StateSearch
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Ga. 492, 246 S.E.2d 322 (1978). The jury's verdict to impose the death penalty must be unanimous. Miller v. StateSearch
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In Gregg v. GeorgiaSearch
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Id. at 222 (first emphasis added). In Godfrey v. GeorgiaSearch
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found by the jury, it is also undisputed that the State would be unable to impose the death sentence, see Arnold v. StateSearch
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Court determined that the evidence supported a finding of other statutory aggravating circumstances. Cf. Presnell v. GeorgiaSearch
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See Stromberg v. PageSearch
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the absence of an unconstitutional instruction. See, e.g., id. at 283 U. S. 367 -368. Accord, Bachellar v. MarylandSearch
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Street v. NewSearch
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Yates v. UnitedSearch
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Woodson v. NorthSearch
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Eddings v. OklahomaSearch
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prevent the death penalty from being wantonly and freakishly imposed. Gregg v. GeorgiaSearch
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constitutional infirmity of respondent's sentence. This conclusion is compelled by this Court's decision in Sandstrom v. MontanaSearch
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other and against any mitigating circumstances, when deciding whether or not to impose the death penalty. Cf. Godfrey v. GeorgiaSearch
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at 446 U. S. 428 -429. Certainly several Members of this Court have operated under this assumption. See Gregg v. GeorgiaSearch
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See supra at 456 U. S. 423 . Furthermore, in Gregg v. GeorgiaSearch
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Furman v. GeorgiaSearch
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U.S. Supreme Court Zant v. StephensSearch
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