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Gardner v. Florida

428 U.S. 908 Court SCOTUS Decision date 1976-07-06 Docket No. 74-6593 English

Delivered by Majority

Contents

Majority

p. 908
No. 74-6593.
Gardner v. Florida.

Sup. Ct. Fla. Motion of petitioner for leave to proceed in forma pau-

p. 909
peris granted. Certiorari granted limited to Question II presented by the petition which reads as follows: “Whether nondisclosure of a 'confidential’ portion of a pre-sentence investigation report to a defendant convicted of a capital crime constitutes a denial of the effective assistance of counsel guaranteed by the Sixth and Fourteenth Amendments to the Constitution of the United States, and of the right to a fair hearing as guaranteed by the Due Process Clause of the Fourteenth Amendment, in a case where the trial judge declines to accept a jury recommendation of a life sentence and instead imposes the death sentence partially on the basis of the pre-sentence report?”

Statutes and regulations cited