Stewart v. Florida

Stewart v. Florida Copeland v. South Carolina Taylor v. Louisiana Burden v. Georgia Wallace v. Zant, Warden, Georgia Diagnostic and Classification Center Briley v. Mitchell, Superintendent, Virginia State Penitentiary Raines v. Alabama

Stewart v. Florida, 460 U.S. 1103 (1983)

Court: Supreme Court of the United States
Decided: April 18, 1983
Docket: Nos. 82-6187; No. 82-6194; No. 82-6206; No. 82-6210; No. 82-6262; No. 82-6284; No. 82-6306
Judges: Brennan, Marshall
Citations: 460 U.S. 1103103 S. Ct. 180476 L. Ed. 2d 36751 U.S.L.W. 37571983 U.S. LEXIS 4041

Cited by 160 5 descriptions by later courts

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Sup. Ct. Fla.; Sup. Ct. S. C.; Sup. Ct. La.; Sup. Ct; Ga.; Super. Ct. Ga., Butts County; Sup. Ct. Va.; and Sup. Ct. Ala. Cer-tiorari denied.

Dissent — Brennanmarshall

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Justice Brennan and Justice Marshall,

dissenting.

Adhering to our 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, 231 (1976), we would grant certiorari and vacate the death sentences in these cases.

How later courts describe this case

Explanatory parentheticals written by citing courts — 5 in all; the most informative distinct ones are shown.

(rejecting appeal of conviction where appeal based on violation of rights under Cuyler v. Adams)

Shack v. Warden of Graterford Prison, 593 F. Supp. 1329 (E.D. Pa. 1984)
(defendant stabbed to death victim who he had lured into a shopping center parking lot on the pretext of wanting to buy the victim's car)

State v. Chester, 724 So. 2d 1276 (La. 1999)
(“Generally, ineffective assistance of counsel is a collateral matter which should be addressed through a motion for post-conviction relief.”)

Brayboy v. State, 732 So. 2d 515 (Fla. Dist. Ct. App. 1999)
(ineffective assistance of counsel is collateral matter that may not be raised for the first time on appeal, unless facts on which claim is based are evident in appellate record)

Brown v. State, 604 So. 2d 20 (Fla. Dist. Ct. App. 1992)
(trial judge should not speculate that parole eligibility might be considered by jury and instruct them accordingly; to do so may, in fact, inject consideration of parole into their deliberations where it may not have been before)

State v. Ard, 505 S.E.2d 328 (S.C. 1998)

Cited by 160 cases

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Relies on it most ⓘ

State v. Legrand864 So. 2d 89 (La. 2004)
State v. Tassin536 So. 2d 402 (La. 1988)
Rowe v. Farmers Ins. Co., Inc.699 S.W.2d 423 (Mo. 1985)
State v. Dressner45 So. 3d 127 (La. 2010)
State v. Ard505 S.E.2d 328 (S.C. 1998)
Jimmie Burden, Jr. v. Walter Zant, Warden, Georgia Diagnostic and Classification Center24 F.3d 1298 (11th Cir. 1994)

Most recent

State of Florida v. Damani Spencer216 So. 3d 481 (Fla. 2017)
Crowe v. State171 So. 3d 681 (Ala. Crim. App. 2014)
Shanklin v. State187 So. 3d 734 (Ala. Crim. App. 2014)
Luis Rios v. State143 So. 3d 1167 (Fla. Dist. Ct. App. 2014)
Garzarek v. State153 So. 3d 840 (Ala. Crim. App. 2013)
Mark Dwyatt Brown v. State of Alabama.72 So. 3d 712 (Ala. Crim. App. 2010)

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 1

Depth	Case	Cited by
	Gregg v. Georgia, 428 U.S. 153 (1976)	6,081

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