Supreme Court of the United States, 1985

Roeder v. Texas

Supreme Court of the United States · Decided November 12, 1985 · Brennan, Marshall

474 U.S. 988; 106 S. Ct. 396; 54 U.S.L.W. 3329; 88 L. Ed. 2d 349; 1985 U.S. LEXIS 4444 (United States Reports)

Opinion of the Court

Ct. Crim. App. Tex. Certio-rari 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 judgment below so that the court below can determine the sentence, other than death, that may be appropriate.

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