Alvord v. Florida

Decision Date06 July 1976
Docket NumberNo. 75-6596,75-6596
Citation49 L.Ed.2d 1226,428 U.S. 923,96 S.Ct. 3234
PartiesGary Eldon ALVORD, petitioner v. FLORIDA
CourtU.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.

Mr. Justice BRENNAN and Mr. Justice MARSHALL, dissenting.

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
    • United States
    • Alabama Court of Criminal Appeals
    • October 22, 1985
    ...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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    ..."great risk of death to many persons" by the Florida court in Alvord v. State, 322 So.2d 533 (Fla.1975), cert. den. 428 U.S. 923, 96 S.Ct. 3234, 49 L.Ed.2d 1226 (1976), reh'g den. 429 U.S. 874, 97 S.Ct. 195, 50 L.Ed.2d 157 (1976). In that case a great risk of death to many persons was found......
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    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
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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......
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