SMITH v. FLORIDA, 462 U.S. 1145 (1983)
U.S. Supreme Court
SMITH v. FLORIDA , 462 U.S. 1145 (1983)462 U.S. 1145
Frank SMITH v. FLORIDA
No. 82-6474 Supreme Court of the United States June 20,
1983
On petition for writ of certiorari to the Supreme Court of Florida.
The petition for writ of certiorari is denied.
Justice BRENNAN, dissenting.
Adhering to my views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U.S. 153, 227, 2950, 49 L. Ed. 2d 859 (1976), I would grant certiorari and vacate the death sentence in this case.
Justice MARSHALL, dissenting.
Adhering to my view that the death penalty is in all
circumstances cruel and unusual punishment prohibited by the Eighth
and Fourteenth Amendments, I would grant certiorari and vacate
petitioner's death sentence on this basis alone. However, even if I
accepted the prevailing view that the death penalty can
constitutionally be imposed under certain circumstances, I would
grant certiorari and vacate the death sentence on the ground that
neither the jury that convicted petitioner of murder nor the judge
who sentenced him found that he "kill[ed], attempt[ed] to kill, or
intend[ed] that a killing take place or that lethal force . . . be
employed." Enmund v. Florida, ___ U.S. ___, ___, 3376 (1982). The
jury was instructed that "liability for first degree murder extends
to all co-felons who are personally present during the commission
of the felony" and that "[u]nder the felony murder rule, [ the]
state of mind of the defendant is immaterial." Tr. 2678. In
imposing sentence, the trial judge did not find that petitioner
himself killed, attempted to kill, or intended to kill. Although
the Supreme Court of Florida concluded that "there was sufficient
evidence from which the jury could have found [petitioner] guilty
of premeditated murder," 424 So. 2d
726, 733 (1982) (emphasis added), neither the jury nor the
judge actually made such a finding. Under these circumstances our
decision in Enmund v. Florida requires that petitioner's death
sentence be vacated.[ Smith v. Florida 462 U.S. 1145 (1983)
]
U.S. Supreme Court
SMITH v. FLORIDA , 462 U.S. 1145 (1983) 462 U.S. 1145 Frank SMITH v. FLORIDANo. 82-6474 Supreme Court of the United States June 20, 1983 On petition for writ of certiorari to the Supreme Court of Florida. The petition for writ of certiorari is denied. Justice BRENNAN, dissenting. Adhering to my views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U.S. 153, 227, 2950, 49 L. Ed. 2d 859 (1976), I would grant certiorari and vacate the death sentence in this case. Justice MARSHALL, dissenting. Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, I would grant certiorari and vacate petitioner's death sentence on this basis alone. However, even if I accepted the prevailing view that the death penalty can constitutionally be imposed under certain circumstances, I would grant certiorari and vacate the death sentence on the ground that neither the jury that convicted petitioner of murder nor the judge who sentenced him found that he "kill[ed], attempt[ed] to kill, or intend[ed] that a killing take place or that lethal force . . . be employed." Enmund v. Florida, ___ U.S. ___, ___, 3376 (1982). The jury was instructed that "liability for first degree murder extends to all co-felons who are personally present during the commission of the felony" and that "[u]nder the felony murder rule, [ the] state of mind of the defendant is immaterial." Tr. 2678. In imposing sentence, the trial judge did not find that petitioner himself killed, attempted to kill, or intended to kill. Although the Supreme Court of Florida concluded that "there was sufficient evidence from which the jury could have found [petitioner] guilty of premeditated murder," 424 So. 2d 726, 733 (1982) (emphasis added), neither the jury nor the judge actually made such a finding. Under these circumstances our decision in Enmund v. Florida requires that petitioner's death sentence be vacated.[ Smith v. Florida 462 U.S. 1145 (1983) ]
