dobbert
florida
argued
march
decided
june
florida
death
penalty
statute
upheld
proffitt
florida
requires
upon
conviction
capital
felon
separate
sentencing
hearing
trial
judge
jury
certain
evidence
relating
aggravating
mitigating
circumstances
must
admitted
jury
based
circumstances
renders
advisory
decision
binding
judge
must
also
weigh
circumstances
imposes
death
sentence
must
set
forth
written
findings
fact
judgment
conviction
death
sentence
thereafter
subject
automatic
priority
review
florida
petitioner
convicted
florida
inter
alia
murder
one
children
pursuant
statute
jury
required
sentencing
hearing
recommended
life
sentence
judge
overruled
recommendation
sentenced
petitioner
death
florida
affirmed
petitioner
makes
three
claims
based
constitutional
prohibition
ex
post
facto
laws
change
role
judge
jury
imposing
death
sentence
statute
effect
time
murder
recommendation
mercy
jury
reviewable
judge
constituted
ex
post
facto
violation
change
deprived
substantial
right
jury
determine
without
review
trial
judge
whether
death
penalty
imposed
death
penalty
effect
florida
time
murder
earlier
statute
effect
time
later
held
invalid
florida
furman
georgia
current
statute
one
sentenced
requires
anyone
sentenced
life
imprisonment
serve
least
years
becoming
eligible
parole
whereas
prior
statute
contained
limitation
petitioner
also
makes
related
claim
since
furman
decision
invalidating
prior
death
penalty
statute
florida
resentenced
life
imprisonment
prisoners
death
sentences
pursuant
old
statute
since
crimes
committed
prior
furman
imposition
death
sentence
upon
pursuant
new
statute
denied
equal
protection
laws
claims
pretrial
publicity
concerning
crimes
deprived
right
fair
trial
held
changes
death
penalty
statute
time
murder
time
trial
procedural
whole
ameliorative
hence
ex
post
facto
violation
pp
new
statute
simply
altered
methods
employed
determining
whether
death
penalty
imposed
change
quantum
punishment
attached
crime
pp
new
statute
provides
capital
defendants
rather
less
judicial
protection
old
statute
death
automatic
absent
jury
recommendation
mercy
old
statute
jury
recommendation
life
may
overridden
trial
judge
exacting
standards
unlike
old
statute
jury
recommendation
death
binding
defendants
second
chance
life
trial
judge
third
necessary
florida
pp
existence
earlier
statute
time
murder
served
operative
fact
warn
petitioner
penalty
florida
seek
impose
convicted
murder
sufficient
compliance
ex
post
facto
provision
constitution
notwithstanding
subsequent
invalidation
statute
pp
petitioner
sentenced
death
may
complain
burdens
attached
life
sentence
new
statute
may
attached
old
pp
imposition
death
sentence
upon
petitioner
pursuant
new
statute
deny
equal
protection
laws
neither
tried
sentenced
prior
furman
similarly
situated
whose
death
sentences
commuted
irrational
florida
relegate
class
prisoners
whose
acts
properly
punished
new
statute
effect
time
trial
sentence
absent
anything
record
particular
respect
voir
dire
examination
jurors
require
finding
constitutional
unfairness
method
jury
selection
character
jurors
actually
selected
petitioner
failed
show
totality
circumstances
extensive
pretrial
news
media
coverage
case
denied
fair
trial
pp
rehnquist
delivered
opinion
burger
stewart
white
blackmun
powell
joined
burger
filed
concurring
opinion
post
brennan
marshall
filed
dissenting
statement
post
stevens
filed
dissenting
opinion
brennan
marshall
joined
post
louis
frost
argued
cause
filed
brief
petitioner
charles
musgrove
assistant
attorney
general
florida
argued
cause
respondent
briefs
robert
shevin
attorney
general
howard
eisenberg
filed
brief
national
legal
aid
defender
assn
amicus
curiae
urging
reversal
justice
rehnquist
delivered
opinion
petitioner
convicted
murder
first
degree
murder
second
degree
child
abuse
child
torture
victims
children
florida
death
penalty
statute
effect
sentenced
trial
judge
death
murder
florida
affirmed
granted
certiorari
consider
whether
changes
florida
death
penalty
statutes
subjected
trial
ex
post
facto
law
denied
equal
protection
laws
whether
significant
amount
pretrial
publicity
concerning
crime
deprived
petitioner
right
fair
trial
conclude
petitioner
shown
deprivation
federal
constitutional
right
affirm
judgment
florida
petitioner
convicted
murder
daughter
kelly
ann
aged
murder
son
ryder
scott
aged
also
found
guilty
torturing
son
ernest
john
iii
aged
abusing
daughter
honore
elizabeth
aged
brutality
heinousness
crimes
relevant
petitioner
motion
change
venue
due
pretrial
publicity
trial
judge
imposition
sentence
death
trial
judge
factual
findings
sentencing
phase
trial
summarized
petitioner
treatment
offspring
follows
evidence
testimony
showed
premeditated
continuous
torture
brutality
sadism
unspeakable
horrors
committed
children
period
time
app
period
time
latter
portion
kelly
ann
short
tortu
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life
defendant
things
one
many
occasions
beat
head
swollen
burned
hands
poked
fingers
eyes
beat
abdomen
swollen
like
pregnant
knocked
wall
fell
kicked
lower
part
body
held
water
bath
tub
toilet
kicked
table
cut
head
defendant
sewed
wound
needle
thread
scarred
head
body
beating
belt
board
causing
marks
cheek
across
neck
back
injuries
worsened
without
treatment
body
juices
came
one
occasion
beat
continuously
minutes
many
occasions
kicked
stomach
shoes
night
died
kicked
number
times
kept
school
many
scars
cuts
bruises
body
seen
others
defendant
made
effort
get
professional
medical
care
attention
child
fact
actively
prevented
discovering
condition
choked
night
died
stopped
breathing
placed
body
plastic
garbage
bag
buried
unmarked
unknown
grave
prior
trial
petitioner
applied
florida
constitutional
stay
trial
alleging
application
ex
post
facto
law
violation
equal
protection
application
denied
petitioner
also
moved
lower
change
venue
alleging
charged
inherently
odious
acts
extensive
publicity
regarding
fight
extradition
arrest
well
search
bodies
jacksonville
police
department
rendered
impossible
fair
impartial
trial
duval
county
trial
judge
took
motion
advisement
issued
order
enjoining
anyone
connected
trial
releasing
statement
case
news
media
motion
later
denied
trial
jury
found
petitioner
guilty
inter
alia
murder
first
degree
pursuant
florida
death
penalty
statute
effect
sentencing
hearing
held
judge
jury
jury
majority
found
sufficient
mitigating
circumstances
outweigh
aggravating
circumstances
recommended
sentence
life
imprisonment
trial
judge
pursuant
authority
amended
florida
statute
overruled
jury
recommendation
sentenced
petitioner
death
florida
affirmed
two
dissents
ii
petitioner
makes
three
separate
claims
based
prohibition
ex
post
facto
laws
related
claim
based
upon
equal
protection
clause
fourteenth
amendment
first
ex
post
facto
claim
addressed
change
function
judge
jury
imposition
death
sentences
florida
time
committed
acts
charged
time
tried
second
ex
post
facto
claim
grounded
contention
time
acted
valid
death
penalty
statute
effect
florida
third
claim
relates
stringent
parole
requirements
attached
life
sentence
new
law
discussion
relevant
changes
florida
procedures
brings
claims
focus
murders
petitioner
convicted
alleged
occurred
december
kelly
ann
january
april
ryder
scott
period
time
stat
ann
supp
written
provided
person
convicted
capital
felony
punished
death
unless
verdict
included
recommendation
mercy
majority
jury
june
struck
georgia
death
penalty
statute
violative
eighth
fourteenth
amendments
furman
georgia
shortly
thereafter
july
donaldson
sack
florida
found
florida
death
penalty
statutes
inconsistent
furman
late
florida
enacted
new
death
penalty
procedure
laws
amending
inter
alia
opinion
justice
stewart
justice
powell
justice
stevens
proffitt
florida
constitutionality
statute
upheld
details
length
operation
revised
defendant
found
guilty
capital
felony
separate
sentencing
hearing
held
trial
judge
trial
jury
evidence
judge
deems
relevant
sentencing
may
admitted
certain
evidence
relating
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mitigating
circumstances
must
admitted
jury
majority
vote
renders
advisory
decision
binding
based
upon
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circumstances
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also
weigh
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mitigating
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imposes
sentence
death
must
set
forth
written
findings
fact
regarding
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mitigating
circumstances
judgment
conviction
sentence
death
subject
automatic
priority
review
florida
light
changes
must
adjudge
petitioner
ex
post
facto
claims
petitioner
argues
change
role
judge
jury
imposition
death
sentence
florida
time
murder
time
trial
constitutes
ex
post
facto
violation
petitioner
views
change
florida
procedure
depriving
substantial
right
jury
determine
without
review
trial
judge
whether
penalty
imposed
conclude
changes
law
procedural
whole
ameliorative
ex
posto
facto
violation
article
constitution
prohibits
state
passing
ex
post
facto
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cases
attempted
precisely
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scope
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phrase
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substance
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law
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ohio
justice
stone
summarized
characteristics
ex
post
facto
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settled
decisions
well
known
citation
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punishes
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committed
innocent
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makes
burdensome
punishment
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commission
deprives
one
charged
crime
defense
available
according
law
time
act
committed
prohibited
ex
post
facto
even
though
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work
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defendant
procedural
change
ex
post
facto
example
hopt
utah
date
alleged
homicide
convicted
felon
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witness
subsequent
date
prior
trial
case
law
changed
convicted
felon
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stand
testified
implicating
hopt
crime
charged
even
though
change
law
obviously
detrimental
impact
upon
defendant
found
law
ex
post
facto
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made
criminal
theretofore
innocent
act
aggravated
crime
previously
committed
provided
greater
punishment
changed
proof
necessary
convict
thompson
missouri
defendant
convicted
murder
solely
upon
circumstantial
evidence
conviction
reversed
missouri
inadmissibility
certain
evidence
prior
second
trial
law
changed
make
evidence
admissible
defendant
convicted
nonetheless
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change
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ex
post
facto
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hand
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statute
simply
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whether
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quantum
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language
hopt
utah
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force
case
hand
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procedural
violation
ex
post
facto
clause
crime
present
defendant
indicted
punishment
prescribed
therefor
quantity
degree
proof
necessary
establish
guilt
remained
unaffected
subsequent
statute
hence
petitioner
speculation
jury
recommended
life
prior
procedure
effect
compelling
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compare
two
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procedures
toto
determine
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may
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death
penalty
presumed
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unbridled
discretion
made
recommendation
mercy
florida
legislature
enacted
new
procedure
specifically
provide
constitutional
procedural
protections
required
furman
thus
providing
capital
defendants
rather
less
judicial
protection
protections
thus
provided
upheld
proffitt
substantial
separate
hearing
held
defendant
allowed
present
relevant
mitigating
evidence
jury
renders
advisory
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based
upon
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may
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tripartite
review
florida
required
review
sentence
death
required
review
present
old
procedure
means
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noted
proffitt
time
florida
vacated
death
sentences
reviewed
date
perhaps
importantly
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held
following
standard
must
used
review
trial
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recommendation
life
order
sustain
sentence
death
following
jury
recommendation
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facts
suggesting
sentence
death
clear
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person
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emphasis
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cited
approbation
proffitt
florida
petitioner
second
ex
post
facto
claim
based
contention
time
murdered
children
death
penalty
effect
florida
contends
earlier
statute
enacted
legislature
time
acted
found
florida
invalid
decision
furman
georgia
therefore
argues
petitioner
valid
death
penalty
effect
florida
date
actions
sophistic
argument
mocks
substance
ex
post
facto
clause
whether
old
statute
future
withstand
constitutional
attack
clearly
indicated
florida
view
severity
murder
degree
punishment
legislature
wished
impose
upon
murderers
statute
intended
provide
maximum
deterrence
existence
statute
books
provided
fair
warning
degree
culpability
state
ascribed
act
murder
petitioner
highly
technical
argument
odds
statement
chicot
county
dist
baxter
state
bank
courts
proceeded
theory
act
congress
found
unconstitutional
law
inoperative
conferring
rights
imposing
duties
hence
affording
basis
challenged
decree
norton
shelby
county
chicago
ry
hackett
quite
clear
however
broad
statements
effect
determination
unconstitutionality
must
taken
qualifications
actual
existence
statute
prior
determination
operative
fact
may
consequences
justly
ignored
petitioner
third
ex
post
facto
contention
based
fact
new
florida
statute
provides
anyone
sentenced
life
imprisonment
must
serve
least
years
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eligible
parole
prior
statute
contained
limitation
florida
lee
state
found
provision
restricting
parole
constitutionally
applied
crimes
committed
prior
effective
date
petitioner
contends
nonetheless
enactment
florida
legislature
amounts
ex
post
facto
law
may
successfully
challenge
death
sentence
imposed
upon
petitioner
course
receive
life
sentence
added
onus
attaching
result
change
florida
law
effect
lindsey
washington
stated
effect
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statute
make
mandatory
maximum
sentence
prisoners
may
held
confinement
entire
fifteen
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period
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board
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subject
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may
expiration
fifteen
years
revoked
discretion
board
cancelled
governor
true
petitioners
might
sentenced
fifteen
years
old
statute
ex
post
facto
clause
looks
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punishment
prescribed
statute
rather
sentence
actually
imposed
constitution
forbids
application
new
punitive
measure
crime
already
consummated
detriment
material
disadvantage
wrongdoer
kring
missouri
medley
thompson
utah
reason
increase
possible
penalty
ex
post
facto
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bull
dall
cummings
missouri
wall
malloy
south
carolina
regardless
length
sentence
actually
imposed
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measure
punishment
prescribed
later
statute
severe
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state
callahan
la
state
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pac
emphasis
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lindsey
came
washington
claim
change
state
law
respecting
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upon
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ex
post
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time
lindsey
committed
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provided
maximum
sentence
years
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less
months
time
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law
changed
provide
mandatory
sentence
even
though
new
statute
convict
admitted
parole
time
far
short
expiration
mandatory
sentence
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even
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remain
subject
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board
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subject
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lindsey
received
sentence
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within
permissible
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limits
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received
old
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sentencing
judge
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sentence
contrast
petitioner
lindsey
complaining
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complaint
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less
years
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facto
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maximum
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complains
petitioner
make
claim
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lindsey
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life
imprisonment
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read
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petitioner
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death
may
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life
sentence
new
law
may
attached
old
furman
decision
decision
donaldson
sack
florida
resentenced
prisoners
sentence
death
pursuant
old
statute
life
imprisonment
anderson
state
baker
petitioner
argues
since
crimes
committed
decision
furman
imposition
death
sentence
upon
pursuant
new
statute
effect
time
trial
denies
equal
protection
laws
petitioner
simply
similarly
situated
whose
sentences
commuted
neither
tried
sentenced
prior
furman
effect
former
statute
provide
sufficient
warning
gravity
florida
attached
murder
make
application
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florida
obviously
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line
point
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cases
progressed
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far
legal
process
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solely
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concomitant
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death
penalty
provision
whose
cases
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acts
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decision
relegate
petitioner
latter
class
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statute
effect
time
trial
sentence
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understandably
extensive
pretrial
publicity
concerning
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aspects
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accept
petitioner
assertion
brief
petitioner
substantial
media
coverage
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number
television
radio
stories
regarding
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murphy
florida
reviewed
trial
many
jurors
heard
defendant
extensive
news
coverage
characterizing
previous
cases
overturned
conviction
grounds
involving
trial
atmosphere
utterly
corrupted
press
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qualified
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exercised
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