Arbitrary And Capricious Sentencing

27 Florida cases classified under this topic · sorted by citation count · browse and sort

• McCLESKEY v. Kemp
  753 F.2d 877· 11th Cir.· 1985-01-29 ·cited 125×
• Smith v. Balkcom
  660 F.2d 573· 5th Cir.· 1981-11-02 ·cited 116×
  The court held that the exclusion of veniremen unequivocally opposed to the death penalty did not violate the Sixth and Fourteenth Amendments, and that Georgia's capital sentencing review procedures were constitutionally adequate.
• Freeman v. Attorney Gen., State of Fla., Sec'y, Dept. of Corr.
  536 F.3d 1225· 11th Cir.· 2008-07-31 ·cited 114×
  John Freeman, a white defendant convicted of murdering two black victims, sought federal habeas relief under 28 U.S.C. § 2254, alleging that Florida prosecutors pursued a capital sentence against him based on his race and the victims' race in violation of the Eighth, Fourteenth,
• Donaldson v. The Honorable Martin Sack
  265 So. 2d 499· Fla.· 1972-07-17 ·cited 110×
  Following the U.S. Supreme Court's decision in Furman v. Georgia invalidating capital punishment as then legislated, the Florida Supreme Court determined that Florida no longer has 'capital cases' or 'capital offenses' under its constitution and statutes. The court held that juri
• Adamson v. Ricketts
  865 F.2d 1011· 9th Cir.· 1988-12-22 ·cited 70×
• Penry v. Lynaugh
  832 F.2d 915· 5th Cir.· 1987-11-25 ·cited 52×
  The court held that Texas law did not permit the jury to consider all of Penry's personal mitigating circumstances prior to sentencing, but was bound by superior authority to reject this contention.
• Lightbourne v. Dugger
  549 So. 2d 1364· Fla.· 1989-07-20 ·cited 49×
  Ian Lightbourne appeals the denial of his motion for postconviction relief and habeas corpus petition in a capital murder case. The Florida Supreme Court reverses in part, finding that allegations of Brady violations regarding cellmate testimony warrant an evidentiary hearing, bu
• Moore v. Balkcom
  716 F.2d 1511· 11th Cir.· 1983-09-30 ·cited 47×
  The court held that a federal habeas court should not re-examine a state supreme court's proportionality review, and that a death sentence under the Georgia scheme is not invalid if based partly on non-statutory aggravating factors, provided at least one valid statutory factor su
• Marek v. State
  8 So. 3d 1123· Fla.· 2009-05-08 ·cited 42×
  John Richard Marek, a death row inmate convicted of first-degree murder in 1983, appeals the postconviction court's denial of his second successive motion for postconviction relief. The Florida Supreme Court affirmed the denial, rejecting Marek's claims regarding arbitrary senten
• Henry v. Louie L. Wainwright
  661 F.2d 56· 5th Cir.· 1981-11-12 ·cited 33×
  Allowing a jury in a capital case to consider nonstatutory aggravating factors in sentencing is a constitutional error that warrants a writ of habeas corpus.
• Lindsay v. State
  606 So. 2d 652· Fla. 4th DCA· 1992-09-16 ·cited 6×
  Lindsay challenges a probation condition requiring him to publish a DUI conviction advertisement in a local newspaper, arguing it violates constitutional rights and serves no rehabilitative purpose. The Fourth District Court of Appeal affirms the condition, holding that probation
• Carey Dean Moore v. Clarke
  904 F.2d 1226· 8th Cir.· 1990-05-25 ·cited 5×
  The Nebraska Supreme Court's interpretation of Neb.Rev.Stat. § 29-2523(l)(d) provides sufficient guidance to prevent arbitrary imposition of the death penalty and is not unconstitutionally vague.
• Parks v. Brown
  860 F.2d 1545· 10th Cir.· 1988-10-28
  The court held that prosecutorial arguments minimizing the jury's sentencing responsibility constituted a Caldwell violation, requiring invalidation of the death penalty.