Aikens v. California, 406 U.S. 813 (1972), was a decision of the United States Supreme Court where a petitioner (in the U.S. Supreme Court, the plaintiff (Aikens) is called the petitioner and the defendant (the State of California) is called the respondent) was appealing his conviction and death sentence.[1] After oral argument had been made on the case, but before the court decided on it, the Supreme Court of California in People v. Anderson,[2] declared the death penalty unconstitutional under the state constitution. This made his appeal unnecessary because the decision in Anderson
declared capital punishment in California unconstitutional under Art. 1, 6, of the state constitution... The California Supreme Court declared in the Anderson case that its decision was fully retroactive and stated that any prisoner currently under sentence of death could petition a superior court to modify its judgment. [Aikens] thus no longer faces a realistic threat of execution... [emphasis added]
The Supreme Court would decide later that year, in Furman v. Georgia,[3] that the Death Penalty was under certain circumstances unconstitutional. Aikens was originally one of four cases that were selected along with Furman, but when the Anderson case was decided by the California Supreme Court, Aikens became moot.
Text of Aikens v. California, 406U.S. 813 (1972) is available from:CourtListenerGoogle ScholarJustiaLibrary of Congress
January 01, 1970
aikens, california, this, article, relies, excessively, references, primary, sources, please, improve, this, article, adding, secondary, tertiary, sources, find, sources, news, newspapers, books, scholar, jstor, august, 2019, learn, when, remove, this, message. This article relies excessively on references to primary sources Please improve this article by adding secondary or tertiary sources Find sources Aikens v California news newspapers books scholar JSTOR August 2019 Learn how and when to remove this message Aikens v California 406 U S 813 1972 was a decision of the United States Supreme Court where a petitioner in the U S Supreme Court the plaintiff Aikens is called the petitioner and the defendant the State of California is called the respondent was appealing his conviction and death sentence 1 After oral argument had been made on the case but before the court decided on it the Supreme Court of California in People v Anderson 2 declared the death penalty unconstitutional under the state constitution This made his appeal unnecessary because the decision in AndersonAikens v CaliforniaSupreme Court of the United StatesArgued January 17 1972Decided June 7 1972Full case nameEarnest James Aikens Jr v People of the State of CaliforniaCitations406 U S 813 more 92 S Ct 1931 32 L Ed 2d 511 1972 U S LEXIS 52Case historyPriorCrim No 10118 February 18 1969 70 Cal 2d 369 450 P 2d 258 Certiorari dismissed 406 U S 813 SubsequentDeath sentence converted to Life in PrisonHoldingSince petitioner no longer faces execution his appeal is moot Court membershipChief Justice Warren E Burger Associate Justices William O Douglas William J Brennan Jr Potter Stewart Byron WhiteThurgood Marshall Harry BlackmunLewis F Powell Jr William RehnquistCase opinionPer curiam declared capital punishment in California unconstitutional under Art 1 6 of the state constitution The California Supreme Court declared in the Anderson case that its decision was fully retroactive and stated that any prisoner currently under sentence of death could petition a superior court to modify its judgment Aikens thus no longer faces a realistic threat of execution emphasis added The Supreme Court would decide later that year in Furman v Georgia 3 that the Death Penalty was under certain circumstances unconstitutional Aikens was originally one of four cases that were selected along with Furman but when the Anderson case was decided by the California Supreme Court Aikens became moot See also editList of United States Supreme Court cases volume 406References edit Aikens v California 406 U S 813 1972 People v Anderson 6 Cal 3d 628 1972 Furman v Georgia 408 U S 238 1972 External links editText of Aikens v California 406 U S 813 1972 is available from CourtListener Google Scholar Justia Library of Congress Retrieved from https en wikipedia org w index php title Aikens v California amp oldid 1175138222, wikipedia, wiki, book, books, library,
