Wicker v. McCotter

Supreme Court of the United States August 25, 1986

Wicker v. McCotter, 478 U.S. 1033 (1986)

107 S. Ct. 16; 92 L. Ed. 2d 770; 55 U.S.L.W. 3175; 1986 U.S. LEXIS 2788

Application, Blackmun, Brennan, Grant, Marshall

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 Blackmun and Justice Stevens would grant the 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 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.

Reference

Full Case Name: Wicker v. McCotter, Director, Texas Department of Corrections
Status: Published