Pulley v. Harris
|Pulley v. Harris|
|Argued November 7, 1983|
Decided January 23, 1984
|Full case name||Pulley v. Harris|
|Citations||465 U.S. 37 (more)|
|Prior||vacating death sentence, 692 F.2d 1189, (9th Cir. 1982).|
|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.|
|Majority||White, joined by Burger, Blackmun, Powell, Rehnquist, O'Connor; Stevens (except Part III)|
|Dissent||Brennan, joined by Marshall|
|U.S. Const. amend. VIII|
Pulley v. Harris, 465 U.S. 37 (1984), is a United States Supreme Court case in which the Court held that there 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.
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.
- 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.
- Caminker, Evan; Chemerinsky, Erwin (October 1992). "The Lawless Execution of Robert Alton Harris". Yale Law Journal. 102 (1): 225. doi:10.2307/796775. JSTOR 796775. Retrieved 9 April 2018.
- 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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