Seminal Cases
The following cases represent important "milestones" in death penalty jurisprudence that have shaped the law as it stands today.
Recently Decided Important Cases
- Wiggins v. Smith, 539 U.S. 210 (2003) - Effective capital defense representation under Strickland requires diligent investigation into client's background for mitigation evidence.
- Ring v. Arizona, 536 U.S. 584 (2002) - Any fact that can increase a defendant's maximum sentence from life in prison to death must be found by a jury beyond a reasonable doubt.
Constitutionality
- Ring v. Arizona, 536 U.S. 584 (2002) - Any fact that can increase a defendant's maximum sentence from life in prison to death must be found by a jury beyond a reasonable doubt.
- Enmund v. Florida, 458 U.S. 782 (1982)
- Gregg v. Georgia, 428 U.S. 153 (1976)
- Furman v. Georgia, 408 U.S. 238 (1972)
Mitigation Evidence
- Wiggins v. Smith, 539 U.S. 210 (2003) - Effective capital defense representation under Strickland requires diligent investigation into client's background for mitigation evidence .
- Kansas v. Marsh, 548 U.S. 163 (2006) - Statute that requires imposition of the death penalty upon finding by sentencing jury that aggravating evidence and mitigating evidence are in equipoise is constitutional.
- Hitchcock v. Dugger, 481 U.S. 393 (1987) - Non-statutory mitigators must be considered in Florida Courts.
- Lockett v. Ohio, 438 U.S. 586 (1978) - All mitigation evidence - not just statutory mitigation evidence - must be considered by jury.
Age
- Graham v. Florida, 130 S.Ct. 2011 (2010) - Imposition of life in prison without possibility of parole upon defendant who was under 18 years old at the time of the offense violates the Eighth Amendment.
- Roper v. Simmons, 543 U.S. 551 (2005) - Imposition of the death penalty upon defendants who were under 18 years of age at the time of the offense is unconstitutional.
Mental Retardation & Mental Illness
- Atkins v. Virginia, 536 U.S. 304 (2002) - Imposition of the death penalty upon those with mental retardation is unconstitutional.
- Ake v. Oklahoma, 470 U.S. 68 (1985) - When sanity at time of offense is likely to be a significant issue at trial, defendat has a constitutional right to assistance of mental health expert.
Ineffective Assistance of Counsel
- Wiggins v. Smith, 539 U.S. 510 (2003) - Effective assistance of counsel requires diligent mitigation investigation.
- Ake v. Oklahoma, 470 U.S. 68 (1985) - When sanity at time of offense is likely to be a significant issue at trial, defendat has a constitutional right to assistance of mental health expert.
- Strickland v. Washington, 466 U.S. 668 (1984) - Standard for effective assistance of counsel.
Crime-Specific - Rape
- Kennedy v. Louisiana, 554 U.S. 407 (2008) - Imposition of the death penalty is an unconstitutional punishment for the rape of children where defendand's conduct did not result in and did not intend to result in death of the child.
- Coker v. Georgia, 433 U.S. 584 (1977) - Imposition of the death penalty for the rape of an adult is unconstitutional.
Crime-Specific - Kidnapping
Miscellaneous
- Bruton v. United States, 391 U.S. 123 (1968) - Confessions
- McClesky v. Kemp, 481 U.S. 279 (1987) - Race
