Supreme Court of the United States, 1986

Smith v. Texas

Supreme Court of the United States · Decided August 21, 1986 · Application, Brennan, Consideration, Marshall, Rehnquist, Took

478 U.S. 1032; 107 S. Ct. 15; 92 L. Ed. 2d 770; 55 U.S.L.W. 3152; 1986 U.S. LEXIS 2787 (United States Reports)

Opinion of the Court

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

Justice Rehnquist and Justice O’Connor 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 *1033■and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant the application for stay in order to 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.

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