Eutzy v. Florida

Sup. Ct. Fla. Certiorari denied.

Justice Marshall, with whom Justice Brennan joins,

dissenting.

Although the State of Florida has adopted a system of capital sentencing that allows a trial judge to overturn a sentencing jury’s finding as to the inappropriateness of death — and although this Court has upheld that system as constitutional, see Spaziano v. Florida, 468 U. S. 447 (1984) — that system nevertheless remains subject to the dictates of Lockett v. Ohio, 438 U. S. 586 (1978), and Eddings v. Oklahoma, 455 U. S. 104 (1982). In Florida, as in other States, a capital defendant has a right to a…