ALVORD v. FLORIDA, 428 U.S. 923 (1976)
U.S. Supreme Court
ALVORD v. FLORIDA , 428 U.S. 923 (1976)428 U.S. 923
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. 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 (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 (1976) (Brennan, J., dissenting); id., at 231
(Marshall, J., dissenting). We would therefore grant certiorari and
vacate judgment in this case insofar as it leaves undisturbed the
death sentence imposed.
U.S. Supreme Court
ALVORD v. FLORIDA , 428 U.S. 923 (1976) 428 U.S. 923 Gary Eldon ALVORD, petitionerv.
FLORIDA
No. 75-6596. Supreme Court of the United States July 6, 1976 Rehearing Denied Oct. 4, 1976. See 429 U.S. 874. 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 (1966). On the Page 428 U.S. 923 , 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 (1976) (Brennan, J., dissenting); id., at 231 (Marshall, J., dissenting). We would therefore grant certiorari and vacate judgment in this case insofar as it leaves undisturbed the death sentence imposed.
