Alvord v. Florida
Decision Date | 06 July 1976 |
Docket Number | No. 75-6596,75-6596 |
Citation | 49 L.Ed.2d 1226,428 U.S. 923,96 S.Ct. 3234 |
Parties | Gary Eldon ALVORD, petitioner v. FLORIDA |
Court | U.S. Supreme Court |
Rehearing Denied Oct. 4, 1976. See 429 U.S. 874, 97 S.Ct. 195. Petition for writ of certiorari to the Supreme Court of Florida. Denied.
Petitioner contends that he was unconstitutionally convicted because a statement he made during in-custody interrogation was admitted in evidence during the prosecution's case-in-chief, despite the absence of any warning to petitioner that if he could not afford an attorney one would be appointed to represent him before questioning. See Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). On the record in this case, we would grant certiorari and set case for oral argument. In any event, the imposition and carrying out of the death penalty in this case constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. Gregg v. Georgia, 428 U.S. 153, 227, 96 S.Ct. 2971, 49 L.Ed.2d 904 (1976) (Brennan, J., dissenting); id., at 231, 96 S.Ct. 2973 (Marshall, J., dissenting). We would therefore grant certiorari and vacate judgment in this case insofar as it leaves undisturbed the death sentence imposed.
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Wright v. State, 1 Div. 86
...418 (Fla.1981); Armstrong v. State, 399 So.2d 953 (Fla.1981); Alvord v. State, 322 So.2d 533 (Fla.1975), cert. denied, 428 U.S. 923, 96 S.Ct. 3234, 49 L.Ed.2d 1226 (1976). We recognize that an instantaneous death caused by gunfire is not ordinarily a heinous killing. Odom v. State, 403 So.2......
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Bundy v. State, 57772
...967, 99 S.Ct. 2419, 60 L.Ed.2d 1074 (1979) (sexual assault); Alvord v. State, 322 So.2d 533 (Fla.1975), cert. denied, 428 U.S. 923, 96 S.Ct. 3234, 49 L.Ed.2d 1226 (1976) (strangulation); Alford v. State, 307 So.2d 433 (Fla.1975), cert. denied, 428 U.S. 912, 96 S.Ct. 3227, 49 L.Ed.2d 1221 (1......
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...see Alvord v. State, 322 So.2d 533 (Fla.1975), and the United States Supreme Court denied certiorari, see Alvord v. Florida, 428 U.S. 923, 96 S.Ct. 3234, 49 L.Ed.2d 1226 (1976). Alvord then filed a motion for reduction of sentence under Florida Rule of Criminal Procedure 3.800(b); the state......