Supreme Court of the United States, 1984

O'Bryan v. McKaskle

Supreme Court of the United States · Decided January 23, 1984 · Brennan, Marshall

465 U.S. 1013; 79 L. Ed. 2d 245; 52 U.S.L.W. 3551; 104 S. Ct. 1015; 1984 U.S. LEXIS 976 (United States Reports)

Opinion of the Court

C. A. 5th Cir. Motion of Washington Legal Foundation for leave to file a brief as amicus curiae granted. 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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