← Cases

Alvord v. Florida

428 U.S. 923 Court SCOTUS Decision date 1976-07-06 Docket No. 75-6596 English

Decision Majority · Dissent — Brennan J.

Contents

Majority

p. 923
No. 75-6596.
Alvord v. Florida.

Sup.. Ct. Fla. Certiorari denied.

dissenting.

Petitioner contends that he was unconstitutionally convicted because a statement he made during in-custody interrogation was admitted in evidence during the prosecution’s case-in-chief, despite the absence of any warning to petitioner that if he could not afford an attorney one would be appointed to represent him before questioning. See Miranda v. Arizona, 384 U. S. 436 (1966). On the

Dissent — Brennan J.

p. 924
record in this case, we would grant certiorari and set the case for oral argument.

In any event, the imposition and carrying out of the death penalty in this case constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. Gregg v. Georgia, ante, at 227 (Brennan, J., dissenting); id., at 231 (Marshall, J., dissenting). We would therefore grant certiorari and vacate the judgment in this case insofar as it leaves undisturbed the death sentence imposed.

Cases cited

Statutes and regulations cited