Supreme Court of the United States, 1978

Battie v. Texas

Supreme Court of the United States · Decided January 16, 1978 · Brennan, Marshall

434 U.S. 1041; 98 S. Ct. 782 (United States Reports)

Opinion of the Court

Ct. Crim. App. Tex. Certiorari denied.

Dissenting Opinion

Mr. Justice Brennan and Mr. Justice Marshall,

dissenting.

Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentence in this case.

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