Eberheart v. Georgia

Citation433 U.S. 917
Decision Date29 June 1977
Docket Number74-5174.,74-5954.
PartiesEBERHEART v. GEORGIA; and HOOKS v. GEORGIA.
CourtU.S. Supreme Court

Sup. Ct. Ga. Petitioners in these cases were sentenced to death. Imposition and carrying out of the death penalty constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. Coker v. Georgia, ante, p. 584. Motions for leave to proceed in forma pauperis and certiorari granted. Judgments vacated insofar as they leave undisturbed the death penalties imposed, and cases remanded for further proceedings. Reported below: No. 74-5174, 232 Ga. 247, 206 S. E. 2d 12; No. 75-5954, 233 Ga. 149, 210 S. E. 2d 668.

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27 cases
  • People v. Hernandez
    • United States
    • California Supreme Court
    • June 2, 2003
    ... ... Just the preceding year, in Coker v. Georgia (1977) 433 U.S. 584, 97 S.Ct. 2861, 53 L.Ed.2d 982 (Coker) , six justices of the United States Supreme Court had held that imposing the death ... (Eberheart v. Georgia (1977) 433 U.S. 917, 97 S.Ct. 2994, 53 L.Ed.2d 1104.) ...         We assume the electorate is aware of relevant judicial ... ...
  • State v. Charping
    • United States
    • South Carolina Supreme Court
    • December 7, 1992
    ...issue of guilt or innocence. Eberheart v. State, 232 Ga. 247, 206 S.E.2d 12 (1974), sentence vacated on other grounds 433 U.S. 917, 97 S.Ct. 2994, 53 L.Ed.2d 1104 (1977), and modified, 238 S.E.2d 1 (Ga.1977); see S.C.Code Ann. § 16-3-20(B) (Supp.1991) ("In the sentencing proceeding, the jur......
  • Rhoades v. Henry
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • February 8, 2011
    ...under the Eighth Amendment and Coker v. Georgia, 433 U.S. 584, 97 S.Ct. 2861, 53 L.Ed.2d 982 (1977), Eberheart v. Georgia, 433 U.S. 917, 97 S.Ct. 2994, 53 L.Ed.2d 1104 (1977), and Enmund v. Florida, 458 U.S. 782, 102 S.Ct. 3368, 73 L.Ed.2d 1140 (1982). 24 In Coker, the Supreme Court held th......
  • Rauf v. State, 39, 2016
    • United States
    • United States State Supreme Court of Delaware
    • August 2, 2016
    ... ... by a jury--but that has been the subject of complex judicial explication during ... the past forty-four years since Furman v. Georgia 1 made the ... administration of the death penalty a constant subject of federal ... constitutional rulings. Given these decisions and the ... See Coker v. Georgia , 433 U.S. 584, 592, 97 S.Ct. 2861, 53 L.Ed.2d 982 ... See Eberheart v. Georgia , 433 U.S. 917, 917, 97 S.Ct. 2994, 53 L.Ed.2d ... 1104 (1977) ... See Enmund , 458 U.S. at 798-801; see also Harmelin, 501 U.S. at ... ...
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