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434 U.S. 878 (1977), 77-5288, Sullivan v. O'd. Askew

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Docket Nº:No. 77-5288
Citation:434 U.S. 878, 98 S.Ct. 232, 54 L.Ed.2d 159
Party Name:Robert A. SULLIVAN, Gary E. Alvord and Learie L. Alford, petitioners, v. Reubin O'D. ASKEW, etc., et al
Case Date:October 03, 1977
Court:United States Supreme Court

Page 878

434 U.S. 878 (1977)

98 S.Ct. 232, 54 L.Ed.2d 159

Robert A. SULLIVAN, Gary E. Alvord and Learie L. Alford, petitioners,

v.

Reubin O'D. ASKEW, etc., et al

No. 77-5288

United States Supreme Court.

October 3, 1977

OPINION

Petition for writ of certiorari to the Supreme Court of Florida.

Denied.

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

Adhering to our views that the death penalty is in all circumstances cruel and [98 S.Ct. 233] unusual punishment prohibited by the Eighth and Fourteenth Amendments,Gregg v. Georgia, 428 U.S. 153, 227, 231, 96 S.Ct. 2909, 49 L.Ed.2d 859 (1976), we would grant certiorari and vacate the death sentences in these cases.

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58 practice notes
  • 301 S.E.2d 32 (Ga. 1983), 39172, Smith v. Zant
    • United States
    • Georgia Supreme Court of Georgia
    • March 1, 1983
    ...302 (1976). The denial of her petition for declaratory judgment was affirmed at 238 Ga. 655, 235 S.E.2d 375, cert. denied, 434 U.S. 878, 98 S.Ct. 232, 54 L.Ed.2d 159 (1977), and her application to appeal the denial of her first state habeas petition was also denied. Her first federal habeas......
  • 379 So.2d 148 (Fla.App. 1 Dist. 1980), KK-260, Turner v. Wainwright
    • United States
    • Florida Florida Court of Appeals First District
    • January 16, 1980
    ...powers under Article IV, Section 8(a), of the 1968 Constitution. Sullivan v. Askew, 348 So.2d 312 (Fla.1977), Cert. den., 434 U.S. 878, 98 S.Ct. 232, 54 L.Ed.2d 159 (1977), held that the clemency powers prescribed by Sections 8(a) and (b) are not subject to constitutional due process strict......
  • 460 So.2d 452 (Fla.App. 1 Dist. 1984), AR-120, Davis v. State, Dept. of Corrections
    • United States
    • Florida Florida Court of Appeals First District
    • December 3, 1984
    ...from enacting, as it has, a broad waiver of immunity. Contrast Sullivan v. Askew, 348 So.2d 312 (Fla.1977), cert. denied, 434 U.S. 878, 98 S.Ct. 232, 54 L.Ed.2d 159 (pardon power is exclusively vested in the executive branch by the constitution and cannot be exercised by another arm of gove......
  • 399 So.2d 1362 (Fla. 1981), 48525, Enmund v. State
    • United States
    • Florida Supreme Court of Florida
    • April 16, 1981
    ...provision of the applicable statute in the instant case. Adams v. State, 341 So.2d 765, 768-69 (Fla.1976), cert. denied, 434 U.S. 878, 98 S.Ct. 232, 54 L.Ed.2d 158 (1977) (footnote omitted). We conclude, therefore, that if the appellant's conduct that the jury could have found from the evid......
    • Free signup to view additional results
58 cases
  • 301 S.E.2d 32 (Ga. 1983), 39172, Smith v. Zant
    • United States
    • Georgia Supreme Court of Georgia
    • March 1, 1983
    ...302 (1976). The denial of her petition for declaratory judgment was affirmed at 238 Ga. 655, 235 S.E.2d 375, cert. denied, 434 U.S. 878, 98 S.Ct. 232, 54 L.Ed.2d 159 (1977), and her application to appeal the denial of her first state habeas petition was also denied. Her first federal habeas......
  • 379 So.2d 148 (Fla.App. 1 Dist. 1980), KK-260, Turner v. Wainwright
    • United States
    • Florida Florida Court of Appeals First District
    • January 16, 1980
    ...powers under Article IV, Section 8(a), of the 1968 Constitution. Sullivan v. Askew, 348 So.2d 312 (Fla.1977), Cert. den., 434 U.S. 878, 98 S.Ct. 232, 54 L.Ed.2d 159 (1977), held that the clemency powers prescribed by Sections 8(a) and (b) are not subject to constitutional due process strict......
  • 460 So.2d 452 (Fla.App. 1 Dist. 1984), AR-120, Davis v. State, Dept. of Corrections
    • United States
    • Florida Florida Court of Appeals First District
    • December 3, 1984
    ...from enacting, as it has, a broad waiver of immunity. Contrast Sullivan v. Askew, 348 So.2d 312 (Fla.1977), cert. denied, 434 U.S. 878, 98 S.Ct. 232, 54 L.Ed.2d 159 (pardon power is exclusively vested in the executive branch by the constitution and cannot be exercised by another arm of gove......
  • 399 So.2d 1362 (Fla. 1981), 48525, Enmund v. State
    • United States
    • Florida Supreme Court of Florida
    • April 16, 1981
    ...provision of the applicable statute in the instant case. Adams v. State, 341 So.2d 765, 768-69 (Fla.1976), cert. denied, 434 U.S. 878, 98 S.Ct. 232, 54 L.Ed.2d 158 (1977) (footnote omitted). We conclude, therefore, that if the appellant's conduct that the jury could have found from the evid......
    • Free signup to view additional results