Supreme Court of the United States, 1979

Powell v. Estelle

Powell v. Estelle
Supreme Court of the United States · Decided October 9, 1979 · Brennan, Marshall
444 U.S. 892; 100 S. Ct. 198; 62 L. Ed. 2d 129; 1979 U.S. LEXIS 3259 (United States Reports)

Powell v. Estelle

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.

Opinion of the Court

Appeal from Sup. Ct. Tex. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.

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