Stewart v. Massachusetts, No. 71-5446
| Decision Date | 29 June 1972 |
| Docket Number | No. 71-5446 |
| Citation | Stewart v. Massachusetts, 408 U.S. 845, 92 S.Ct. 2845, 33 L.Ed.2d 744 (1972) |
| Parties | John S. STEWART v. MASSACHUSETTS |
| Court | U.S. Supreme Court |
The appellant in this case was sentenced to death.The imposition and carrying out of that death penalty constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments.Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346(1972).The motion for leave to proceed in forma pauperis is granted.The judgment is therefore vacated insofar as it leaves undisturbed the death penalty imposed, and the case is remanded for further proceedings.
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100 cases
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Gillihan v. Rodriguez
...(1976); Roberts v. Louisiana, 428 U.S. 325, 336, 96 S.Ct. 3001, 3008, 49 L.Ed.2d 974, 983 (1976); Stewart v. Massachusetts, 408 U.S. 845, 92 S.Ct. 2845, 33 L.Ed.2d 744 (1972) (per curiam); Furman v. Georgia, 408 U.S. 238, 240, 92 S.Ct. 2726, 2727, 33 L.Ed.2d 346, 350 (1972) (per curiam). We......
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Summerlin v. Stewart
...537, 550, 102 S.Ct. 2579, 73 L.Ed.2d 202 (1982) (discussing same). Following the dictates of Furman and Stewart v. Massachusetts, 408 U.S. 845, 92 S.Ct. 2845, 33 L.Ed.2d 744 (1972), the Supreme Court vacated a number of Arizona death sentences, both on direct appeal and on collateral habeas......
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Ritter v. Smith
...rule does not apply to facial constitutional defects in a capital sentencing scheme; relying on Stewart v. Massachusetts, 408 U.S. 845, 92 S.Ct. 2845, 33 L.Ed.2d 744 (1972) (per curiam); Woodson v. North Carolina, 428 U.S. 280, 96 S.Ct. 2978, 49 L.Ed.2d 944 (1976); Roberts v. Louisiana, 428......
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Com. v. Paszko
...Commonwealth v. Stewart, 359 Mass. 671, 679, 270 N.E.2d 811 (1971), judgment vacated per curiam as to death penalty, 408 U.S. 845, 92 S.Ct. 2845, 33 L.Ed.2d 744 (1972), and have indicated that we would consider doing so "only where ... a clear indication of the influence of drugs on the def......
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3 books & journal articles
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Institutionalizing the Culture of Control
...511 U.S. 318 (1994)Stewart v. LaGrand, 526 U.S. 115 (1999)Stewart v. Martinez-Villareal, 523 U.S. 637 (1998)Stewart v. Massachusetts, 408 U.S. 845 (1972)Stewart v. Smith, 536 U.S. 856 (2002)Strickland v. Washington, 466 U.S. 668 (1984)Strickler v. Greene, 527 U.S. 263 (1999)Stringer v. Blac......
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Furman's Wake In The Land Of Bean and Cod
...June 30, 1972, p. 10. 8. Ibid. at p. 13. 9. The Boston Record-American, June 30, 1972, p. 3. 10. Ibid. 11. Stewart v. Massachusettes, 408 U. S. 845 (1972). 12. The Boston Record-American, June 30, 1972, p. 3. 13. 408 U.S. 845 (1972). 14. The Boston Globe, July 25, 1973, p. 5. 15. State v. D......
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Capital Punishment: Ineffective, Unjust, Unconstitutional
...408 U.S.,at 375. Justices Douglas, White and Stewart were not so comprehen-sively unequivocal. 10. See Stewart v. Massachusettes, 408 U.S. 845 (1972) and cases, 408 U.S. 933-941 (1972). 11. In Furman, involving three individuals, the statutes gave jurors the powerto decide life or death in ......