Smith v. Murray

Supreme Court of the United States July 31, 1986

Smith v. Murray, 478 U.S. 1029 (1986)

107 S. Ct. 9; 92 L. Ed. 2d 765; 1986 U.S. LEXIS 2775

Application, Brennan, Consideration, Grant, Marshall, Took

Opinion of the Court

Application for stay of execution of sentence of death, presented to The Chief Justice, and by him referred to the Court, denied.

Justice Blackmun would grant the application. Justice Stevens took no part in the consideration or decision of this application.

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 in order *1030to give the applicant time to file a petition for writ of certiorari, and would grant the petition and vacate the death sentence in this case.

Reference

Full Case Name: Smith v. Murray, Director, Virginia Department of Corrections
Status: Published