Supreme Court of the United States, 1984

Henry v. Wainwright

Supreme Court of the United States · Decided September 19, 1984 · Brennan, Marshall

468 U.S. 1251; 105 S. Ct. 54; 82 L. Ed. 2d 943; 53 U.S.L.W. 3189; 1984 U.S. LEXIS 2918 (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 and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 281 (1976), we would grant the application for stay, a petition for writ of certiorari, and vacate the death sentence in this case.

Opinion of the Court

Application for stay of execution of sentence of death, presented to Justice Powell, and by him referred to the Court, denied.

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