Pulley v. Harris, 465 U.S. 37 (1984), is a United States Supreme Court case in which the Court held that the Eighth Amendment to the United States Constitution does not require, as an invariable rule in every case, that a state appellate court, before it affirms a death sentence, proportionally compare the sentence in the case before it with the penalties imposed in similar cases if requested to do so by the prisoner.[1]
| Pulley v. Harris | |
|---|---|
 | |
| Argued November 7, 1983 Decided January 23, 1984 | |
| Full case name | Pulley v. Harris |
| Citations | 465 U.S. 37 (more) 104 S. Ct. 871; 79 L. Ed. 2d 29; 1984 U.S. LEXIS 3 |
| Case history | |
| Prior | vacating death sentence, 692 F.2d 1189, (9th Cir. 1982). |
| Holding | |
| The Eighth Amendment does not require, as an invariable rule in every case, that a state appellate court, before it affirms a death sentence, compare the sentence in the case before it with the penalties imposed in similar cases if requested to do so by the prisoner. | |
| Court membership | |
| |
| Case opinions | |
| Majority | White, joined by Burger, Blackmun, Powell, Rehnquist, O'Connor; Stevens (except Part III) |
| Concurrence | Stevens |
| Dissent | Brennan, joined by Marshall |
| Laws applied | |
| U.S. Const. amend. VIII | |
The prisoner in the case, Robert Alton Harris, was ultimately executed in April 1992, after the U.S. Supreme Court reversed the Ninth Circuit several more times in the matter, including after Harris had been strapped into the gas chamber.[2]
See also
editReferences
edit- ^ Mayell, Manvin S. (Autumn 1984). "Eighth Amendment. Proportionality Review of Death Sentences Not Required". Journal of Criminal Law and Criminology. 75 (3): 839–854. doi:10.2307/1143646. JSTOR 1143646.
- ^ Calabresi, Steven G.; Lawson, Gary (October 1992). "Equity and Hierarchy: Reflections on the Harris Execution". Boston University School of Law (102): 255. Retrieved June 15, 2024.
External links
edit- Text of Pulley v. Harris, 465 U.S. 37 (1984) is available from: Cornell CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)
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