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GARDNER v. FLORIDA

No. 74-6593.

430 U.S. 349 (1977)

GARDNER v. FLORIDA.

Supreme Court of United States.

Decided March 22, 1977.

Attorney(s) appearing for the Case

Charles H. Livingston argued the cause for petitioner. With him on the briefs were James A. Gardner, Jack Greenberg, James M. Nabrit III, Peggy C. Davis, and Anthony G. Amsterdam.

Wallace E. Allbritton, Assistant Attorney General of Florida, argued the cause for respondent. With him on the brief was Robert L. Shevin, Attorney General.

MR. JUSTICE STEVENS announced the judgment of the Court and delivered an opinion, in which MR. JUSTICE STEWART and MR. JUSTICE POWELL joined.

Petitioner was convicted of first-degree murder and sentenced to death. When the trial judge imposed the death sentence he stated that he was relying in part on information in a presentence investigation report. Portions of the report were not disclosed to counsel for the parties. Without reviewing the confidential portion of...

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