Supreme Court of the United States, 1986

Waters v. Kemp, Warden

Supreme Court of the United States · Decided February 24, 1986 · Blackmun, Brennan, Marshall

475 U.S. 1039; 106 S. Ct. 1249; 89 L. Ed. 2d 357; 54 U.S.L.W. 3564; 1986 U.S. LEXIS 533 (United States Reports)

Opinion of the Court

Sup. Ct. Ga. Certiorari denied.

Justice Marshall and Justice Blackmun would grant the petition for writ of certiorari, vacate the judgment, and remand the case for farther consideration in light of Caldwell v. Mississippi, 472 U. S. 320 (1985).

Dissenting Opinion

Justice Brennan,

dissenting.

Adhering to my view 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, *1040227 (1976), I would grant certiorari and vacate the death sentence in this case.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.