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Barclay Vs. Florida
Cites for this judgment
- US Supreme Court
- Jul 06, 1983
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U.S. 939 (1983) U.S. Supreme Court Barclay v. FloridaSearch
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U.S. 939 (1983) Barclay v. FloridaSearch
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Barclay v. StateSearch
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However, the Florida Supreme Court later vacated its judgment sua sponte in light of our decision in Gardner v. FloridaSearch
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simply refused to reconsider its previous decision in the second appeal, those claims are properly before us. Reece v. GeorgiaSearch
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Mikena v. StateSearch
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U. S. 862 , 462 U. S. 874 (1983), quoting Gregg v. GeorgiaSearch
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to the best of their ability. As long as that discretion is guided in a constitutionally adequate way, see Proffitt v. FloridaSearch
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Page 463 U. S. 952 A The Florida statute at issue in this case was upheld in Proffitt v. FloridaSearch
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Tedder v. StateSearch
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Brief any citation in this list with AI Studio
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State v. DixonSearch
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footnotes omitted) (emphasis supplied). Thus the Florida statute, like the Georgia statute at issue in Zant v. StephensSearch
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and does not permit nonstatutory aggravating circumstances to enter into this weighing process. E.g., Mikenas v. StateSearch
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court found that some mitigating circumstances exist, the case will generally be remanded for resentencing. Elledge v. StateSearch
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So.2d 998, 1002-1003 (Fla.1977). See, e.g., Moody v. StateSearch
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Riley v. StateSearch
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the Florida Supreme Court applies a harmless error analysis. Elledge, supra, at 1002-1003. See, e.g., White v. StateSearch
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Sireci v. StateSearch
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Ferguson v. StateSearch
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that consideration of improper aggravating factors is harmless, even when no mitigating circumstances exist. In Lewis v. StateSearch
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So.2d 908, 910 (1975). In Williams v. StateSearch
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So.2d 538, 543 (1980), and Dobbert v. StateSearch
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and Florida law prohibits consideration of nonstatutory aggravating circumstances. In this case, as in Zant v. StephensSearch
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it allows for consideration of nonstatutory aggravating factors. In the only case to approve such a practice, Sawyer v. StateSearch
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defect in a sentence based on both statutory and nonstatutory aggravating circumstances. See also California v. RamosSearch
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as indicated in the previous discussion, is that mere errors of state law are not the concern of this Court, Gryger v. BurkeSearch
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So.2d 1, 10 (1973). See, e.g., Blair v. StateSearch
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The differences between this case and Godfrey v. GeorgiaSearch
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life imprisonment. This is an awesome burden to be placed upon the Judge -- but in the landmark Florida case of State v. DixonSearch
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be shown to be reasonable and controlled, rather than capricious and discriminatory,' then it meets the test of Furman v. GeorgiaSearch
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to make the defendant's criminal record an aggravating circumstance. Thus, this case is distinguishable from Zant v. StephensSearch
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U. S. 107 , 456 U. S. 121 , n. 21 (1982), quoting Gryger v. BurkeSearch
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to the State Supreme Court in order to ascertain as precisely as possible the state law basis for a sentence. See Zant v. StephensSearch
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In fact, even before this Court decided Lockett v. OhioSearch
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Supreme Court had construed this statute to permit consideration of any mitigating circumstances. See Songer v. StateSearch
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concurring in the judgment. Death as a punishment is unique in its severity and irrevocability. Since Furman v. GeorgiaSearch
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procedures that are designed to assure reliability in sentencing Page 463 U. S. 959 determinations. Gregg v. GeorgiaSearch
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Woodson v. NorthSearch
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Green v. GeorgiaSearch
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U.S. Supreme Court Barclay v. FloridaSearch
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Reece v. GeorgiaSearch
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Gregg v. GeorgiaSearch
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E.g., Mikenas v. StateSearch
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Elledge v. StateSearch
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Moody v. StateSearch
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