Supreme Court of the United States, 1981

Fleming v. Austin

Fleming v. Austin
Supreme Court of the United States · Decided June 1, 1981 · Brennan, Marshall
452 U.S. 910; 101 S. Ct. 3040; 49 U.S.L.W. 3894; 69 L. Ed. 2d 412; 1981 U.S. LEXIS 2363 (United States Reports)

Fleming v. Austin

Opinion of the Court

Sup. Ct. Ga. Certiorari denied.

Dissenting Opinion

Justice Brennan and 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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