Supreme Court of the United States, 1986

Evans v. McCotter

Supreme Court of the United States · Decided December 3, 1986 · Application, Blackmun, Brennan, Grant, Marshall

479 U.S. 1001; 107 S. Ct. 615; 55 U.S.L.W. 3410; 93 L. Ed. 2d 612; 1986 U.S. LEXIS 5091 (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 *1002and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 158, 227, 281 (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.

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.

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