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Smith v. Florida

Frank Smith v. Florida

Smith v. Florida, 462 U.S. 1145 (1983)
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Court
Supreme Court of the United States
Decided
June 20, 1983
Docket
No. 82-6474
Judges
Brennan, Marshall
Citations
462 U.S. 1145103 S. Ct. 312977 L. Ed. 2d 137951 U.S.L.W. 39011983 U.S. LEXIS 691

Opinion of the Court

Sup. Ct. Fla. Certio-rari denied.

Dissent — Brennan

Justice Brennan,

dissenting.

Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227 (1976), I would grant certiorari and vacate the death sentence in,,this case.

Dissent — Marshall

Justice Marshall,

dissenting.

Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, I would grant certio-rari and vacate petitioner’s death sentence on this basis alone. However, even if I accepted the prevailing view that the death penalty can constitutionally be imposed under certain circumstances, I would grant certiorari and vacate the death sentence on the ground that neither the jury that convicted petitioner of murder nor the judge who sentenced him found that he “kill[ed], attempt[ed] to kill, or intended] that a killing take place or that lethal force ... be employed.” Enmund v. Florida, 458 U. S. 782, 797 (1982). The jury was instructed that “liability for first degree murder extends to all co-felons who are personally present during the commission of the felony” and that “[ujnder the felony murder rule, [the] state of mind of the defendant is immaterial.” Tr. 2678. In imposing sentence, the trial judge did not find that petitioner himself killed, attempted to kill, or intended to kill. Although the Supreme Court of Florida concluded that “there was sufficient evidence from which the jury could have found [petitioner] guilty of premeditated murder,” 424 So. 2d 726 , 733 (1982) (emphasis added), neither the jury nor the judge actually made such a finding. Under these circumstances our decision in Enmund v. Florida requires that petitioner’s death sentence be vacated.

Combined text as published — syllabus, headnotes and all opinions in one document

462 U.S. 1145 103 S.Ct. 3129 77 L.Ed.2d 1379

Frank SMITH v. FLORIDA

No. 82-6474

Supreme Court of the United States

June 20, 1983

On petition for writ of certiorari to the Supreme Court of Florida.

The petition for writ of certiorari is denied.

Justice BRENNAN, dissenting.

Adhering to my views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U.S. 153, 227 , 96 S.Ct. 2909, 2950 , 49 L.Ed.2d 859 (1976), I would grant certiorari and vacate the death sentence in this case.

Justice MARSHALL, dissenting.

1

Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, I would grant certiorari and vacate petitioner's death sentence on this basis alone. However, even if I accepted the prevailing view that the death penalty can constitutionally be imposed under certain circumstances, I would grant certiorari and vacate the death sentence on the ground that neither the jury that convicted petitioner of murder nor the judge who sentenced him found that he "kill[ed], attempt[ed] to kill, or intend[ed] that a killing take place or that lethal force . . . be employed." Enmund v. Florida, --- U.S. ----, ----, 102 S.Ct. 3368, 3376 , 73 L.Ed.2d 1140 (1982). The jury was instructed that "liability for first degree murder extends to all co-felons who are personally present during the commission of the felony" and that "[u]nder the felony murder rule, [the] state of mind of the defendant is immaterial." Tr. 2678. In imposing sentence, the trial judge did not find that petitioner himself killed, attempted to kill, or intended to kill. Although the Supreme Court of Florida concluded that "there was sufficient evidence from which the jury could have found [petitioner] guilty of premeditated murder," 424 So.2d 726 , 733 (1982) (emphasis added), neither the jury nor the judge actually made such a finding. Under these circumstances our decision in Enmund v. Florida requires that petitioner's death sentence be vacated.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 36 cases

View all citing references →
1984: 11985: 61986: 21987: 51988: 61989: 11990: 41991: 21992: 31993: 11994: 21995: 11997: 11998: 119842026peak 1985 · 6

Relies on it most ⓘ

  1. Frank Smith v. Richard L. Dugger840 F.2d 787 (11th Cir. 1988)
  2. Smith v. State457 So. 2d 1380 (Fla. 1984)
  3. Bundy v. State471 So. 2d 9 (Fla. 1985)
  4. Hamblen v. State527 So. 2d 800 (Fla. 1988)
  5. Hansbrough v. State509 So. 2d 1081 (Fla. 1987)
  6. Thomas Knight v. Richard L. Dugger and Tom Barton863 F.2d 705 (11th Cir. 1989)

Most recent

  1. Curington v. State704 So. 2d 1137 (Fla. Dist. Ct. App. 1998)
  2. Akins v. State691 So. 2d 587 (Fla. Dist. Ct. App. 1997)
  3. Smith v. Singletary61 F.3d 815 (11th Cir. 1995)
  4. Minnis v. State645 So. 2d 160 (Fla. Dist. Ct. App. 1994)
  5. Garramone v. State636 So. 2d 869 (Fla. Dist. Ct. App. 1994)
  6. State v. Globe Communications Corp.622 So. 2d 1066 (Fla. Dist. Ct. App. 1993)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Gregg v. Georgia, 428 U.S. 153 (1976) 6,081
Enmund v. Florida, 458 U.S. 782 (1982) 1,755

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