Supreme Court of the United States, 1977

Smith v. Texas

Supreme Court of the United States · Decided March 7, 1977 · Brennan, Certiorari, Death, Insofar, Sentence, Undisturbed, Vacate

430 U.S. 922; 97 S. Ct. 1341 (United States Reports)

Opinion of the Court

Ct. Crim. App. Tex. Certiorari denied.

Mr. Justice Brennan and Mr. Justice Marshall would grant certiorari and vacate the judgment insofar as it leaves undisturbed the sentence of death.

See Gregg v. Georgia, 428 U. S. 153, 227 (1976) (Brennan, J., dissenting) ; id., at 231 (Marshall, J., dissenting). Mr. Justice White would grant certiorari limited to Questions 1 and 2 presented by the petition.

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