Russell Alexander v. C. Murray Henderson, Warden, Louisiana State Penitentiary

Fifth Circuit

Russell Alexander v. C. Murray Henderson, Warden, Louisiana State Penitentiary

470 F.2d 1370

Court of Appeals for the Fifth Circuit·Decided January 12, 1973·No. 71-3149·Published·Cited by 1 cases

Opinion

BY THE COURT:

Petitioner’s appeal from a denial of habeas relief was denied by this Court on June 9, 1972, 459 F.2d 1391. On certiorari to the Supreme Court, our judgment was vacated “insofar as it leaves undisturbed the death penalty imposed” and the cause was remanded to this Court for further proceedings. Alexander v. Henderson, 409 U.S. 1032, 93 S.Ct. 538, 34 L.Ed.2d 482. See Stewart v. Massachusetts, 1972, 408 U.S. 845, 92 S.Ct. 2845, 33 L.Ed.2d 744.

In Furman v. Georgia, 1972, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 and its companion cases, the Supreme Court held that the death penalty as imposed under the Georgia and Texas statutes constitutes cruel and unusual punishment in violation of the Eighth Amendment. Accordingly, we remand this case to the district court for reconsideration in light of Furman v. Georgia, supra. See Williams v. Henderson, 5 Cir. 1972, 465 F.2d 995; Newman v. Wainwright, 5 Cir. 1972, 464 F.2d 615.

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BY THE COURT:

Petitioner’s appeal from a denial of habeas relief was denied by this Court on June 9, 1972, 459 F.2d 1391. On certiorari to the Supreme Court, our judgment was vacated “insofar as it leaves undisturbed the death penalty imposed” and the cause was remanded to this Court for further proceedings. Alexander v. Henderson, 409 U.S. 1032, 93 S.Ct. 538, 34 L.Ed.2d 482. See Stewart v. Massachusetts, 1972, 408 U.S. 845, 92 S.Ct. 2845, 33 L.Ed.2d 744.

In Furman v. Georgia, 1972, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 and its companion cases, the Supreme Court held that the death penalty as imposed under the Georgia and Texas statutes constitutes cruel and unusual punishment in violation of the Eighth Amendment. Accordingly, we remand this case to the district court for reconsideration in light of Furman v. Georgia, supra. See Williams v. Henderson, 5 Cir. 1972, 465 F.2d 995; Newman v. Wainwright, 5 Cir. 1972, 464 F.2d 615.

Russell Alexander v. C. Murray Henderson, Warden, Louisiana State Penitentiary, 470 F.2d 1370 (5th Cir. 1973).

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Opinion

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