Florida v. Burr

Former decision, 487 U.S. 1201, 108 S.Ct. 2840; 487 U.S. 1250, 109 S.Ct. 13. Case below, 518 So.2d 903; 550 So.2d 444. On Petition for Writ of Certiorari to the Supreme Court of Florida. June 11, 1990. The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the Supreme Court of Florida for further consideration in light of Dowling v. United States, 493 U.S. 342, 110 S.Ct. 668, 107 L.Ed.2d 708 (1990). Opinion on remand, 576 So.2d 278. Justice BRENNAN, with whom Justice MARSHALL joins, dissenting. For the reasons stated by Justice STEVENS, I agree that the judgment of the Florida Supreme Court should not be vacated. In any event, adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, see Gregg v. Georgia, 428 U.S. 153, 227, 96 S.Ct. 2909, 2950, 49 L.Ed.2d 859 (1976), I would direct that the proceedings on remand be circumscribed such that the State may not impose the death sentence. Justice BLACKMUN dissents. Justice STEVENS, dissenting.