gardner
florida
argued
november
decided
march
petitioner
convicted
murder
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required
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jury
advised
impose
life
sentence
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sentence
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judge
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part
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sentence
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affirmed
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sentence
without
expressly
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sentencing
erred
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report
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portion
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penalty
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justice
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process
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death
sentence
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part
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williams
new
york
distinguished
pp
light
constitutional
developments
whereby
recognized
death
different
kind
punishment
sentencing
process
well
trial
must
satisfy
due
process
procedure
followed
warranted
following
justifications
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state
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investigators
obtain
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defendant
background
character
ii
full
disclosure
presentence
report
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iii
full
disclosure
often
includes
psychiatric
psychological
evaluations
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disrupt
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process
iv
trial
judges
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may
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considerations
motivating
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sentence
every
case
imposed
since
otherwise
procedure
subject
defects
resulted
holding
unconstitutionality
furman
georgia
pp
defense
counsel
failure
request
access
full
presentence
report
justify
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less
complete
record
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judge
based
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sentence
petitioner
death
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counsel
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sentence
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case
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directions
order
proceedings
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level
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urges
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directions
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presentence
report
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record
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function
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procedure
fully
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justice
white
concluded
basis
eighth
amendment
ban
cruel
unusual
punishments
procedure
selecting
defendants
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penalty
permits
consideration
secret
information
presentence
report
relevant
defendant
character
record
fails
meet
need
reliability
determination
death
appropriate
punishment
woodson
north
carolina
pp
justice
blackmun
concurred
judgment
basis
judgments
woodson
north
carolina
supra
roberts
louisiana
charles
livingston
argued
cause
petitioner
briefs
james
gardner
jack
greenberg
james
nabrit
iii
peggy
davis
anthony
amsterdam
wallace
allbritton
assistant
attorney
general
florida
argued
cause
respondent
brief
robert
shevin
attorney
general
justice
stevens
announced
judgment
delivered
opinion
justice
stewart
justice
powell
joined
petitioner
convicted
murder
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death
trial
judge
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sentence
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justices
affirmed
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sentence
conclude
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constitutional
command
person
shall
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process
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june
petitioner
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wife
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capital
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justice
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justice
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york
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blackmun
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woodson
north
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roberts
louisiana
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georgia
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marshall
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carefully
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term
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