Supreme Court of the United States, 1985

De La Rosa v. Procunier

Supreme Court of the United States · Decided May 14, 1985 · Brennan, Marshall

471 U.S. 1112; 105 S. Ct. 2353; 85 L. Ed. 2d 868; 1985 U.S. LEXIS 1902 (United States Reports)

Opinion of the Court

Application for stay of execution of sentence of death scheduled for Wednesday, May 15, 1985, presented to Justice White, and by him referred to the Court, 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 *1113and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant the application for stay and a petition for writ of certiorari and would vacate the death sentence in this case.

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