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

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 12, 1973

Docket71-3149

StatusPublished

Cited by1 cases

This text of 470 F.2d 1370 (Russell Alexander v. C. Murray Henderson, Warden, Louisiana State Penitentiary) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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.

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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.

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470 F.2d 1370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russell-alexander-v-c-murray-henderson-warden-louisiana-state-ca5-1973.

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