Espinosa v. Florida, 505 U.S. 1079, 5 (1992) (per curiam)

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Cite as: 505 U. S. 1079 (1992)

Scalia, J., dissenting

The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment of the Supreme Court of Florida is reversed. We remand for proceedings not inconsistent with this opinion.

So ordered.

The Chief Justice and Justice White dissent and would grant certiorari and set the case down for oral argument.

Justice Scalia, dissenting.

For the reasons given in my opinion in Sochor v. Florida, 504 U. S. 527, 553 (1992), I dissent from the Court's summary reversal of Espinosa's death sentence. Since the Florida courts found several constitutionally sound aggravating factors in this case, Espinosa's death sentence unquestionably comports with the "narrowing" requirement of Furman v. Georgia, 408 U. S. 238 (1972). Compliance with that requirement is the only special capital sentencing procedure that the Eighth Amendment demands. See Walton v. Arizona, 497 U. S. 639, 669-673 (1990) (Scalia, J., concurring in part and concurring in judgment). I would deny the petition.

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