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WOODSON v. NORTH CAROLINA

No. 75-5491.

428 U.S. 280 (1976)

WOODSON ET AL. v. NORTH CAROLINA.

Supreme Court of United States.

Decided July 2, 1976.

Attorney(s) appearing for the Case

Anthony G. Amsterdam argued the cause for petitioners. With him on the brief were Jack Greenberg, James M. Nabrit III, Peggy C. Davis, Adam Stein, Charles L. Becton, Edward H. McCormick, and W. A. Johnson.

Sidney S. Eagles, Jr., Special Deputy Attorney General of North Carolina, argued the cause for respondent. With him on the brief were Rufus L. Edmisten, Attorney General, James E. Magner, Jr., Assistant Attorney General, Jean A. Benoy, Deputy Attorney General, and Noel L. Allen and David S. Crump, Associate 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.*

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

The question in this case is whether the imposition of a death sentence for the crime of first-degree murder under the law of North Carolina violates the Eighth and Fourteenth Amendments.

I

The petitioners were convicted of first-degree murder as the result of their participation in an armed robbery

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