Supreme Court of the United States, 1976

Alford v. Florida

Supreme Court of the United States · Decided October 4, 1976 · Marshall

428 U.S. 912 (United States Reports)

Cases that cite this one

35 later published cases cite this decision. The 25 that cite it most often are listed here.

Marvin Edwin Johnson v. Richard L. Dugger, Secretary, Florida Department of Corrections (11th Cir. 1990)
State v. Palmer (Neb. 1986)
State v. Joubert (Neb. 1986)
West v. State (Fla. Dist. Ct. App. 1983)
Hopkinson v. State (Wyo. 1981)
State v. Goodman (N.C. 1979)
Alford v. Florida (Supreme Court of the United States 1978)
Guthrie v. State (Fla. Dist. Ct. App. 1994)
Provenzano v. Dugger (Fla. 1990)
State v. Weber (Fla. Dist. Ct. App. 1989)
Lenson A. Hargrave v. Richard L. Dugger, Secretary, Department of Corrections, State of Florida (11th Cir. 1988)
Grossman v. State (Fla. 1988)
Marvin Edward Johnson v. Louie L. Wainwright, Secretary, Florida Department of Corrections, Respondent (11th Cir. 1987)
Hargrave v. Dugger (11th Cir. 1987)
Jackson v. State (Fla. 1986)
Williams v. State (Fla. Dist. Ct. App. 1986)
Bundy v. State (Fla. 1985)
Rostano v. State (Fla. Dist. Ct. App. 1985)
Card v. State (Fla. 1984)
Bundy v. State (Fla. 1984)
Mazzara v. State (Fla. Dist. Ct. App. 1983)
Michael v. State (Fla. 1983)
Lightbourne v. State (Fla. 1983)
Adams v. State (Fla. 1982)
Sias v. State (Fla. Dist. Ct. App. 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

428 U.S. 912

96 S.Ct. 3227

49 L.Ed.2d 1221

Learie Leo ALFORD, petitioner,
v.
FLORIDA.

No. 74-6717.

Supreme Court of the United States

July 6, 1976

Rehearing Denied Oct. 4, 1976.

See 429 U.S. 873, 97 S.Ct. 191.

Petition for writ of certiorari to the Supreme Court of Florida.

Denied.

Mr. Justice BRENNAN and Mr. Justice MARSHALL, dissenting:

Petitioner contends that his right of confrontation, guaranteed by the Sixth and Fourteenth Amendments, was violated because the transcript of the preliminary hearing testimony of a material prosecution witness was read at his trial and the prosecution, although it was aware that the witness would leave Florida prior to the trial, failed to use available procedures to assure the witness' ppresence at trial or to depose the witness before the trial began. See Barber v. Page, 390 U.S. 719, 88 S.Ct. 1318, 20 L.Ed.2d 255 (1968). On the record in this case, we would grant certiorari and set the case for oral argument.

In any event, the imposition and carrying out the death penalty in this case constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. Gregg v. Georgia, 428 U.S. 153, 227, 96 S.Ct. 2971, 49 L.Ed.2d 904 (1976) (Brennan, J., dissenting); id., at 231, 96 S.Ct. 2973 (Marshall, J., dissenting). We would therefore grant certiorari and vacate the judgment in this case insofar as it leaves undisturbed the death sentence imposed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.