Alvord v. Florida, No. 75-6596

CourtUnited States Supreme Court
Writing for the CourtBRENNAN
Citation49 L.Ed.2d 1226,428 U.S. 923,96 S.Ct. 3234
PartiesGary Eldon ALVORD, petitioner v. FLORIDA
Docket NumberNo. 75-6596
Decision Date06 July 1976

428 U.S. 923
96 S.Ct. 3234
49 L.Ed.2d 1226
Gary Eldon ALVORD, petitioner

v.

FLORIDA

No. 75-6596.

Supreme Court of the United States

July 6, 1976

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

Page 924

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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89 practice notes
  • U.S. v. Jackson, Nos. 86-1226
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 17, 1987
    ...and remanded, 422 U.S. 1053, 95 S.Ct. 2674, 45 L.Ed.2d 706 (1975), reaff'd on remand, 525 F.2d 1199 (5th Cir.) (Hart II ), cert. denied, 428 U.S. 923, 96 S.Ct. 3234, 49 L.Ed.2d 1226 (1976). 1 The defendant in Hart I was arrested after a border patrol agent discovered approximately 397 pound......
  • U.S. v. Garcia, No. 81-5126
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • April 12, 1982
    ...(5th Cir.), vacated and remanded, 422 U.S. 1053, 95 S.Ct. 2674, 45 L.Ed.2d 706 (1975), reaffirmed, 525 F.2d 1199 (5th Cir.), cert. denied, 428 U.S. 923, 96 S.Ct. 3234, 49 L.Ed.2d 1226 (1976). A search within the border may also be justified as a border search requiring no warrant nor any su......
  • Bundy v. State, No. 57772
    • United States
    • United States State Supreme Court of Florida
    • June 21, 1984
    ...denied, 441 U.S. 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, 4......
  • Wright v. State, 1 Div. 86
    • United States
    • Alabama Court of Criminal Appeals
    • October 22, 1985
    ...v. State, 403 So.2d 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. Odo......
  • Request a trial to view additional results
89 cases
  • U.S. v. Jackson, Nos. 86-1226
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 17, 1987
    ...and remanded, 422 U.S. 1053, 95 S.Ct. 2674, 45 L.Ed.2d 706 (1975), reaff'd on remand, 525 F.2d 1199 (5th Cir.) (Hart II ), cert. denied, 428 U.S. 923, 96 S.Ct. 3234, 49 L.Ed.2d 1226 (1976). 1 The defendant in Hart I was arrested after a border patrol agent discovered approximately 397 pound......
  • U.S. v. Garcia, No. 81-5126
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • April 12, 1982
    ...(5th Cir.), vacated and remanded, 422 U.S. 1053, 95 S.Ct. 2674, 45 L.Ed.2d 706 (1975), reaffirmed, 525 F.2d 1199 (5th Cir.), cert. denied, 428 U.S. 923, 96 S.Ct. 3234, 49 L.Ed.2d 1226 (1976). A search within the border may also be justified as a border search requiring no warrant nor any su......
  • Bundy v. State, No. 57772
    • United States
    • United States State Supreme Court of Florida
    • June 21, 1984
    ...denied, 441 U.S. 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, 4......
  • Wright v. State, 1 Div. 86
    • United States
    • Alabama Court of Criminal Appeals
    • October 22, 1985
    ...v. State, 403 So.2d 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. Odo......
  • Request a trial to view additional results

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