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Espinosa Vs. Florida
Cites for this judgment
- US Supreme Court
- Jun 29, 1992
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U.S. 1079 (1992) October Term, 1991 Syllabus Espinosa V. FloridaSearch
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the text of the jury instruction on the heinous, atrocious, or cruel aggravating factor upon the rationale of Smalley v. StateSearch
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circumstances, the weighing of an invalid aggravating circumstance violates the Eighth Amendment. See Sochor v. FloridaSearch
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instructions more specific and elaborate than the one given in the instant case unconstitutionally vague. See Shell v. MississippiSearch
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lacking in Shell, Cartwright, or Godfrey. Instead, echoing the State Supreme Court's reasoning in Smalley v. StateSearch
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to the jury's recommendation, whether that recommendation be life, see Tedder v. StateSearch
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So. 2d 908, 910 (Fla. 1975), or death, see Smith v. StateSearch
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Grossman v. StateSearch
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did not directly weigh any invalid aggravating circumstances. But, we must presume that the jury did so, see Mills v. MarylandSearch
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U. S. 367, 376-377 (1988), just as we must further presume that the trial court followed Florida law, cf. Walton v. ArizonaSearch
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creates the same potential for arbitrariness as the direct weighing of an invalid aggravating factor, cf. Baldwin v. AlabamaSearch
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set the case down for oral argument. JUSTICE SCALIA, dissenting. For the reasons given in my opinion in Sochor v. FloridaSearch
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requirement of Furman v. GeorgiaSearch
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with that requirement is the only special capital sentencing procedure that the Eighth Amendment demands. See Walton v. ArizonaSearch
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Syllabus Espinosa V. FloridaSearch
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of Smalley v. StateSearch
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the Eighth Amendment. See Sochor v. FloridaSearch
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See Shell v. MississippiSearch
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Smalley v. StateSearch
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Tedder v. StateSearch
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Smith v. StateSearch
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Mills v. MarylandSearch
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Walton v. ArizonaSearch
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Baldwin v. AlabamaSearch
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Sochor v. FloridaSearch
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of Furman v. GeorgiaSearch
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See Walton v. ArizonaSearch
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Spaziano v. FloridaSearch
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