Opinion

Brown v. Florida

  • 449 U.S. 1118
  • 49 U.S.L.W. 3515
  • 101 S. Ct. 931
  • 66 L. Ed. 2d 847
  • 1981 U.S. LEXIS 586
Court
Supreme Court of the United States
Filed
Jan 19, 1981
Status
Published
Author
Brennanmarshall
On the bench
Brennan, Marshall
Cited by
65 cases
Authority
More cited than 20.2%

risk of death to victim only not sufficient though murder committed in public place

How later courts described this case

  • risk of death to victim only not sufficient though murder committed in public place
  • imposition of death sentence not affected by the consideration of improper aggravating circumstances where at least two valid aggravating circumstances remain to be weighed against one "tenuous" mitigating circumstance

Written by the judges who cited it.

The opinion

Justice Brennan and Justice Marshall,

dissenting.

Adhering to our 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, 231 (1976), we would grant certiorari and vacate the death sentence in this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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