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PROFFITT v. FLORIDA

No. 75-5706.

428 U.S. 242 (1976)

PROFFITT v. FLORIDA.

Supreme Court of United States.

Decided July 2, 1976.

Attorney(s) appearing for the Case

Clinton A. Curtis argued the cause for petitioner. With him on the brief was Jack O. Johnson.

Robert L. Shevin, Attorney General of Florida, argued the cause for respondent. With him on the brief were A. S. Johnston, George R. Georgieff, and Raymond L. Marky, Assistant Attorneys General.

Solicitor General Bork argued the cause for the United States as amicus curiae. With him on the brief was Deputy Solicitor General Randolph. William E. James, Assistant Attorney General, argued the cause for the State of California as amicus curiae. With him on the brief were Evelle J. Younger, Attorney General, and Jack R. Winkler, Chief Assistant Attorney General.*

Briefs of amici curiae were filed by Rollie R. Rogers and Lee J. Belstock for the Colorado State Public Defender System, and by Arthur M. Michaelson for Amnesty International.

Judgment of the Court, and opinion of MR. JUSTICE STEWART, MR. JUSTICE POWELL, and MR. JUSTICE STEVENS, announced by MR. JUSTICE POWELL.

The issue presented by this case is whether the imposition of the sentence of death for the crime of murder under the law of Florida violates the Eighth and Fourteenth Amendments.

I

The petitioner, Charles William Proffitt, was tried, found guilty, and sentenced to death for the first-degree

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