Supreme Court of the United States, 1987

Starvaggi v. Lynaugh

Starvaggi v. Lynaugh
Supreme Court of the United States · Decided September 9, 1987 · Brennan, Marshall
483 U.S. 1052; 108 S. Ct. 26 (United States Reports)

Starvaggi v. Lynaugh

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.

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 of execu*1053tion 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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