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Louisiana ex rel. Francis v. Resweber


That the botched electrocution attempt on Willie Francis was not due to any malice or intentionality on the part of the state, and that therefore the decision to repeat the attempt did not constitute cruel and unusual punishment; since Francis was not being retried, the second execution attempt did not constitute double jeopardy; since Francis had not deliberately been singled out to receive two electrocution attempts, the second attempt did not violate his right to due process; therefore, a second attempt at electrocution could proceed.

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Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1941 to 1953Louisiana ex rel. Francis v. Resweber - Petitioner's Claim, Decision, Significance, A Cruel And Unusual Punishment?, What Is The State's Responsibility?