Supreme Court of the United States, 1986

Funchess v. Wainwright

Funchess v. Wainwright
Supreme Court of the United States · Decided April 22, 1986 · Brennan, Marshall
475 U.S. 1133 (United States Reports)

Funchess v. Wainwright

Opinion of the Court

C. A. 11th Cir. The order heretofore entered staying execution of sentence of death until 5:00 p.m., April 22, 1986, is vacated. Application for stay of execution of sentence of death, presented to Justice Powell, and by him referred to the Court, denied. Certiorari 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 the application for stay and the petition for writ of certiorari and would vacate the death sentence in this case.

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