Supreme Court of the United States, 1985

Bowden v. Kemp

Bowden v. Kemp
Supreme Court of the United States · Decided October 11, 1985 · Brennan, Marshall
474 U.S. 891; 106 S. Ct. 213; 1985 U.S. LEXIS 3877 (United States Reports)

Bowden v. Kemp

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 the application for stay and a petition for writ of certiorari and would 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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