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翻訳と辞書　辞書検索 [ 開発暫定版 ] スポンサード リンク Hill v. McDonough ： ウィキペディア英語版 Hill v. McDonough ''Hill v. McDonough'', , was a United States Supreme Court case challenging the use of lethal injection as a form of execution in the state of Florida. The Court ruled unanimously that a challenge to the method of execution as violating the Eighth Amendment to the United States Constitution properly raised a claim under 42 U.S.C. § 1983, which provides a cause of action for civil rights violations, rather than under the ''habeas corpus'' provisions. Accordingly, that the prisoner had previously sought ''habeas'' relief could not bar the present challenge. ==Factual background== In 1983, Clarence E. Hill was convicted of the murder of a Pensacola, Florida police officer, and subsequently sentenced to death in 1985, in the Florida Supreme Court case of ''Hill v. State''.〔477 So. 2d 553 (Fla. 1985)〕 At a resentencing hearing in 1986, Hill’s death sentence was reinstated, this time being upheld by the Florida Supreme Court.〔Hill v. State, 515 So. 2d 176 (Fla. 1987), cert. denied, 485 U.S. 993 (1988)〕 In November 1989, a warrant for Hill’s execution was signed by then Governor Robert Martinez, after which Hill sought postconviction relief in both the Florida state courts and the U.S. District Court. In 1992, Hill’s relief was granted when it was ruled that the Florida Supreme Court as well as Hill’s trial court had not properly reevaluated the aggravating factors warranting a death sentence when one of them was vacated. In ''Hill v. State'',〔643 So. 2d 1071 (Fla. 1995)〕 the Florida Supreme Court, having sufficiently reweighed the mitigating factors, resentenced Hill to death. Hill then sought federal habeas corpus relief, which was first denied by the U.S. District Court, then affirmed by the Eleventh Circuit Court of Appeals.〔''Hill v. Moore'', 175 F.3d 915 (11th Cir. 1999), cert. denied, 528 U.S. 1087 (2000)〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Hill v. McDonough」の詳細全文を読む スポンサード リンク 翻訳と辞書 : 翻訳のためのインターネットリソース Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.