written case brief furman v georgia

521 results for written case brief furman v georgia

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  • 408 U.S. 238 (1972), 69-5003, Furman v. Georgia

    ... and carrying out of death penalty in these cases held to constitute cruel and unusual punishment ... and what I have to say can, therefore, be briefly stated. Legislatures -- state and federal -- have ... Bay Colony, and are the first written expression of capital offenses known to exist in ...

  • 463 U.S. 277 (1983), 82-492, Solem v. Helm

    ... In several cases the Court has applied the principle to invalidate ... cause for petitioner.  With him on the briefs was Grant Gormley, Assistant Attorney General. ... American Archives 700 (4th series 1837) (Georgia Resolutions, Aug. 10, 1774) ("his Majesty's ... punishment, not in degree but in kind."  Furman v. Georgia, 408 U.S. 238, 306, 92 S.Ct. 2726, ... the certainty and security that lies in a written constitution, one that does not alter with a ...

  • 465 U.S. 37 (1984), 82-1095, Pulley v. Harris

    ... with sentences imposed in similar capital cases and thereby to determine whether they were ...Georgia, 428 U.S. 153, 96 S.Ct. 2909, 49 L.Ed.2d 859 ... cause for petitioner.  With him on the briefs were John K. Van De Kamp, Attorney General, ...     Harris's submission is rooted in Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 ... the imposition of a death sentence with written findings, and further observed that the Supreme ...

  • 497 U.S. 639 (1990), 88-7351, Walton v. Arizona

    ... to sentences imposed in similar cases.         Justice WHITE delivered the ...Georgia , 446 U.S. 420, 426, distinguished. Walton's ...3051] principle of Furman v. Georgia , 408 U.S. 238 -- that a sentencer's ...The brief per curiam gave no reasons for the Court's ... that, by the time our Constitution was written, jury trial in criminal cases had been in ...

  • 446 U.S. 420 (1980), 78-6899, Godfrey v. Georgia

    ... leaves standing the death sentences, and the case is remanded. Pp. 427-433; 433-442. ... Cf. Furman v. Georgia , 408 U.S. 238; Gregg v. Georgia, .... . . .         Brief for Petitioner 23. The plurality opinion seems to ...JUSTICE STEWART has written in another place, the issue here is [100 S.Ct. ...

  • 536 U.S. 584 (2002), 01-488, Ring v. Arizona

    ... of the death penalty in felony-murder cases. If the Constitution does not require that the ...With him on the briefs were John A. Stookey and Daniel L. Kaplan. . ...Brief for Respondent 21-25 (citing Furman v. Georgia, 408 U.S. 238 (1972) (per curiam) ); ...JUSTICE STEVENS has written that those safeguards include a requirement that ...

  • 430 U.S. 349 (1977), 74-6593, Gardner v. Florida

    ...    Held: The judgment is vacated and the case is remanded. Pp. 355-364.         313 ...] in the holding of unconstitutionality in Furman" v. Georgia , 408 U.S. 238. Pp. 360-361.     \xC2"...written almost 30 years ago, this Court has acknowledged ... 5 In an appendix to its brief in this Court, the State has printed a copy of ...

  • 536 U.S. 304 (2002), 00-8452, Atkins v. Virginia

    ...Georgia", 433 U.S. 584, 597. Pp. 311-313.        \xC2"...With him on the briefs were Robert E. Lee, by appointment of the ... our answer to the question presented by this case: whether such executions are "cruel and unusual ... to our decision 10 years earlier in Furman v. Georgia, 408 U.S. 238 (1972) (per curiam), ... taking account of guilt-reducing factors, written over three centuries ago:. "[Determination of a ...

  • 548 U.S. 163 (2006), 04-1170, Kansas v. Marsh

    ... federal issue cannot be had, whatever the case's outcome, Cox Broadcasting Corp. v. Cohn, 420 ... system satisfies the requirements of Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 ...With him on the briefs were Nola Tedesco Foulston, fared S. Maag, Deputy ...S. A. 21–4624(e) as written was unconstitutional under the Eighth and ...

  • 458 U.S. 782 (1982), 81-5321, Enmund v. Florida

    ...Georgia , 428 U.S. 153, 184. The death penalty, which is ...         The facts of this case, taken principally from the opinion of the ... the Florida Supreme Court remanded for written findings as required by Fla.Stat. § 921.141(3) ... to satisfy the criteria established in Furman v. Georgia , 408 U.S. 238 (1972), only three ...Brief for Petitioner [102 S.Ct. 3388] 336. See also ...

  • 428 U.S. 153 (1976), 74-6257, Gregg v. Georgia

    ... the evidence and sentence in similar cases, the court upheld the death sentences for the ...That statute, as amended following Furman v. Georgia , 408 U.S. 238 (where this Court held ...436 (1966), and signing a written waiver of his rights, the petitioner signed a ... undercut by developments since then, and briefly to evaluate the basis for my Brethren's holding ...

  • 685 F.2d 1227 (11th Cir. 1982), 80-5997, Proffitt v. Wainwright

    ...        I. Case History 1 .         On March 21, 1974 ... issues, we preliminarily set forth a brief description of that act and of the sentencing ...The magistrate relied on a written proffer of evidence submitted by appellant in ... was that result clearly foreshadowed by Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 ...

  • 762 F.2d 1383 (11th Cir. 1985), 83-8028, Brooks v. Kemp

    ... v. . Ralph KEMP, Warden, Georgia Diagnostic and Classification . Center, ...         This case was taken en banc principally to consider two of ...All this was established by Brooks' own written confession, and was corroborated by independent ...Finally, in briefing this case before the panel, the state ... of death penalty jurisprudence since Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 ...

  • 486 F.3d 13 (1st Cir. 2007), 04-6001, United States v. Sampson

    ...Larsen, and Erik B. Levin were on brief, for appellant.          Steven L. ...          This is a landmark case; for the first time in its history, this court ...Sampson centers this argument around Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 ...What we have written...

  • 679 F.2d 381 (5th Cir. 1982), 81-3159, Williams v. Maggio

    ...case by tracing the steps that led petitioner to this ... errors complained of by petitioner, we briefly describe the sequence of events that culminated ... basis, violates the Eighth Amendment and Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 ...." through the signature of the foreman is written in the handwriting of the foreman. The jury ...

  • 438 U.S. 586 (1978), 76-6997, Lockett v. Ohio

    ... mitigating circumstances in capital cases as required by the Eighth and Fourteenth ... from her sentence, merits only brief attention. Specifically, she contends that the ...         Prior to Furman v. Georgia , 408 U.S. 238 (1972), every State ... is scarcely faithful to what has been written before. Rather, it makes a third distinct effort ...

  • 483 F.2d 136 (4th Cir. 1973), 71-1885, Hart v. Coiner

    ...C. [Court-appointed counsel] on brief), for appellant.          Richard E. ... recidivist mandatory life sentence in this case is so excessive and disproportionate to the ... recidivist scheme is constitutional as written, for a concededly valid statute may be applied ... for the "crime" of having a common cold."' Furman v. Georgia, 408 U.S. 238, 273, 92 S.Ct. 2726, ...

  • 938 F.2d 1166 (11th Cir. 1991), 89-3195, Johnson v. Singletary

    ...The en banc court decided to review the case primarily to address the question of what it ... 2 In his written findings, the judge found five statutory ...We will then briefly address Johnson's other claims. ... 39 . 3. The Death Penalty Prior to Furman v. Georgia.         The Supreme Court's ...

  • 899 F.2d 1045 (11th Cir. 1990), 88-7387, First Alabama Bank of Montgomery, N.A. v. First State Ins. Co., Inc.

    ... Johnson & Higgins of Georgia, Inc., a corporation, 1st St. Ins. & Cameron & ..., and not a liability one, we remand this case for the court to determine the proper amount of ...        Although the record and the briefs in this case are voluminous, the basic facts are ..., including Johnson & Higgins, to submit written proposals and to make oral presentations on the ...Hall Motor Co. v. Furman, 285 Ala. 499, 234 So.2d 37 (1970). The critical ...

  • 543 U.S. 551 (2005), 03-633, Roper v. Simmons

    ... less dramatic, the difference between this case and. Atkins in that respect is ... Furman v. Georgia, 408 U.S. 238, 239, 92 S.Ct. 2726, ...Brief for Petitioner 27. This reservation at best ... the meaning of a constitutional text written against the backdrop of 18th-century English law ...

  • 430 U.S. 651 (1977), 75-6527, Ingraham v. Wright

    ...Barnett , 376 U.S. 681, 692, the case for administrative safeguards is significantly ...briefly. In the 1970-1971 school year, many of the 237 ...436, 446-447 (1890);. . Furman v. Georgia , 408 U.S. 238, 263 (1972) (BRENNAN, ... the pupil's parent or guardian with a written explanation of the reason for the punishment and ...

  • 532 U.S. 424 (2001), 99-2035, Cooper Industries, Inc v. Leatherman Tool Group, Inc.

    .... v. . LEATHERMAN TOOL GROUP, INC. . Case No. 99-2035 . United States Supreme Court . ... punishments applicable to the States, Furman v. Georgia, 408 U.S. 238, and prohibiting States ...With him on the briefs was Bradley J. Schlozman. .          ... or a general verdict accompanied by written...

  • The American Execution Queue.

    ... executions involving inmates whose cases are in certain procedural postures--inmates for ...If the Supreme Court had not decided Furman v. Georgia in 1972--in which it struck down the ... for execution selection are rarely written down or transmitted to others within the .... (92.) For examples of briefs filed by state attorneys general in capital cases ...

  • 428 U.S. 280 (1976), 75-5491, Woodson v. North Carolina

    ...Furman v. Georgia, 408 U.S. 238, the North Carolina law that previously had provided that in cases of first-degree murder the jury in its unbridled ...35 .        [96 S.Ct. 2989] A brief examination of the background of the current ...California , 402 U.S. 183 (1971), written by Mr. Justice Harlan and subscribed to by five ...