Kennedy v. Louisiana
Kennedy v. Louisiana, 554 U.S. 407 (2008), is a landmark decision by the Supreme Court of the United States which held that the Eighth Amendment's Cruel and Unusual Punishments Clause prohibits the imposition of the death penalty for a crime in which the victim did not die or the victim's death was not intended.
| Kennedy v. Louisiana | |
|---|---|
Supreme Court of the United States | |
| Argued April 16, 2008 Decided June 25, 2008 | |
| Full case name | Patrick O. Kennedy v. State of Louisiana |
| Docket no. | 07-343 |
| Citations | 554 U.S. 407 (more) 128 S. Ct. 2641; 171 L. Ed. 2d 525; 2008 U.S. LEXIS 5262; 2008 WL 2511282; 08 Cal. Daily Op. Serv. 7920; 76 U.S.L.W. 4584; 2008 Daily Journal D.A.R. 9470; 21 Fla. L. Weekly Fed. S 472 |
| Argument | Oral argument |
| Case history | |
| Prior | Defendant convicted, sentenced, La. Dist. Ct., Aug. 26, 2003; aff'd, State v. Kennedy, 957 So.2d 757 (La. 2007); cert. granted, 552 U.S. 1087 (2008). |
| Procedural | Writ of Certiorari to the Louisiana Supreme Court |
| Subsequent | Supplemental briefing ordered, 554 U.S. 943 (2008). Opinion modified; Petition for Rehearing denied, 554 U.S. 945 (2008) |
| Holding | |
| It is unconstitutional to impose the death penalty for a crime where the victim did not die or where the victim's death was not intended. Louisiana Supreme Court reversed and remanded to lower court for resentencing. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Kennedy, joined by Stevens, Souter, Ginsburg, Breyer |
| Dissent | Alito, joined by Roberts, Scalia, Thomas |
| Laws applied | |
| U.S. Const. amends. VIII, XIV; La. Stat. Ann. §14:42 | |
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