proffitt
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sentence
affirmed
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georgia
new
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judge
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justice
powell
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stevens
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penalty
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se
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gregg
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clinton
curtis
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cause
petitioner
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jack
johnson
robert
shevin
attorney
general
florida
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cause
respondent
brief
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george
georgieff
raymond
marky
assistant
attorneys
general
solicitor
general
bork
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cause
amicus
curiae
brief
deputy
solicitor
general
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william
james
assistant
attorney
general
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state
california
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curiae
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younger
attorney
general
jack
winkler
chief
assistant
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jack
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amsterdam
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vacate
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judges
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georgia
ante
suggestion
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cursory
review
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penalty
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sentences
come
see
supra
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georgia
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years
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death
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death
sentence
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case
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judges
relied
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separate
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death
sentence
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case
florida
upheld
death
sentence
trial
judge
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listed
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since
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within
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uphold
death
sentence
rested
entirely
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aggravating
circumstances
seems
unlikely
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statute
explicitly
provides
ggravating
circumstances
shall
limited
following
eight
specified
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supp
emphasis
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language
introducing
list
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also
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trial
judge
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ruled
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report
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see
swan
state
songer
state
reports
frequently
contain
much
information
relevant
sentencing
see
gregg
georgia
ante
see
american
bar
association
project
standards
criminal
justice
sentencing
alternatives
procedures
commentary
pp
approved
draft
president
commission
law
enforcement
administration
justice
challenge
crime
free
society
task
force
report
courts
see
also
gregg
georgia
ante
words
florida
trial
judge
experience
facts
criminality
possesses
requisite
knowledge
balance
facts
case
standard
criminal
activity
developed
involvement
trials
numerous
defendants
state
dixon
gregg
examine
claims
vagueness
overbreadth
statutory
criteria
insofar
necessary
determine
whether
substantial
risk
florida
system
viewed
entirety
result
capricious
arbitrary
imposition
death
penalty
see
gregg
georgia
ante
florida
affirmed
death
sentences
several
cases
including
instant
case
eighth
statutory
aggravating
factor
found
without
specifically
stating
homicide
pitiless
torturous
victim
see
hallman
state
victim
throat
slit
broken
bottle
spinkellink
state
career
criminal
shot
sleeping
traveling
companion
gardner
state
brutal
beating
murder
alvord
state
three
women
killed
strangulation
one
raped
douglas
state
depraved
murder
henry
state
torture
murder
dobbert
state
torture
killing
two
children
circumstances
cases
accurately
characterized
pitiless
unnecessarily
torturous
thus
appear
florida
abandoned
definition
announced
dixon
applied
alford
tedder
halliwell
might
argued
case
broadens
construction
since
one
person
victim
attacked
hit
fist
read
state
opinion
actually
considered
claims
error
advanced
petitioner
including
trial
judge
finding
none
statutory
mitigating
circumstances
existed
however
consider
whether
findings
statutory
aggravating
circumstances
supported
evidence
one
aggravating
circumstance
found
mitigating
circumstances
found
exist
outweigh
aggravating
circumstances
justified
concluding
state
necessarily
decided
point
even
though
expressly
done
however
circumstances
case
four
separate
aggravating
circumstances
found
mitigating
circumstance
expressly
found
exist
holding
part
state
implied
petitioner
notes
florida
sentencing
system
fails
channel
discretion
jury
judge
allows
consideration
nonstatutory
aggravating
factors
case
approve
practice
sawyer
state
florida
recast
trial
six
nonstatutory
aggravating
factors
four
aggravating
circumstances
two
statutory
noted
earlier
unclear
florida
ever
approve
death
sentence
based
entirely
nonstatutory
aggravating
circumstances
see
supra
state
dixon
petitioner
also
argues
since
florida
review
sentences
life
imprisonment
imposed
capital
cases
sentences
imposed
cases
capital
crime
charged
jury
convicted
lesser
offense
unbalanced
view
way
typical
jury
treats
murder
case
affirm
death
sentences
circumstances
vast
majority
judges
imposed
sentence
life
imprisonment
noted
gregg
georgia
ante
problem
sufficient
raise
serious
risk
state
system
result
arbitrary
capricious
imposition
death
penalty
justice
white
chief
justice
justice
rehnquist
join
concurring
judgment
need
repeat
statement
facts
case
statutory
procedure
death
penalty
imposed
described
detail
opinion
justice
stewart
justice
powell
justice
stevens
agree
see
parts
ante
although
statutory
aggravating
mitigating
circumstances
susceptible
mechanical
application
means
vague
overbroad
leave
discretion
sentencing
authority
unfettered
florida
law
sentencing
judge
required
impose
death
penalty
murderers
statutory
aggravating
factors
outweigh
mitigating
factors
good
reason
anticipate
certain
categories
murderers
penalty
imposed
freakishly
rarely
imposed
regularity
consequently
said
death
penalty
florida
categories
ceased
credible
deterrent
measurably
contribute
end
punishment
criminal
justice
system
furman
georgia
white
concurring
accordingly
florida
statutory
scheme
imposing
death
penalty
run
afoul
holding
furman
georgia
reasons
set
forth
opinion
concurring
judgment
gregg
georgia
ante
dissenting
opinion
roberts
louisiana
post
conclusion
undercut
possibility
murderers
may
escape
death
penalty
solely
exercise
prosecutorial
discretion
executive
clemency
reasons
set
forth
dissenting
opinion
roberts
louisiana
post
also
reject
petitioner
argument
eighth
amendment
death
penalty
may
never
imposed
circumstances
concur
judgment
affirmance
justice
blackmun
concurring
judgment
concur
judgment
see
furman
georgia
blackmun
dissenting