Supreme Court of the United States, 1985

McCorquodale v. Balkcom

Supreme Court of the United States · Decided February 25, 1985 · Brennan, Marshall

470 U.S. 1024; 105 S. Ct. 1386; 84 L. Ed. 2d 405; 53 U.S.L.W. 3618; 1985 U.S. LEXIS 1228 (United States Reports)

Opinion of the Court

466 U. S. 954. The orders entered May 21, 1984 [467 U. S. 1202], suspending the effect of the order denying the petition for writ of certiorari and staying execution of sentence of death are vacated. Petition for rehearing 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 dissent from the Court’s order vacating the stay of execution in this case.

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