Supreme Court of the United States, 1986

Straight v. Wainwright

Supreme Court of the United States · Decided May 19, 1986 · Brennan, Claims, Deny, Habeas, Marshall, Prejudice, Presentation

476 U.S. 1130; 106 S. Ct. 2003; 90 L. Ed. 2d 683; 54 U.S.L.W. 3774; 1986 U.S. LEXIS 3179 (United States Reports)

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.

Opinion of the Court

Sup. Ct. Fla. Application for stay of execution of sentence of death, presented to Justice Powell, and by him referred to the Court, *1131denied. Certiorari denied.

Justice Blackmun would deny the state habeas petition without prejudice to the presentation of claims on federal habeas.

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