Supreme Court of the United States, 1984

In re O'Bryan

Supreme Court of the United States · Decided March 26, 1984 · Brennan, Marshall

466 U.S. 901; 104 S. Ct. 1674; 80 L. Ed. 2d 150; 52 U.S.L.W. 3701; 1984 U.S. LEXIS 1587 (United States Reports)

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 *902and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant the motion and vacate the death sentence in this case.

Opinion of the Court

Motion for leave to file petition for writ of habeas corpus denied.

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