Supreme Court of the United States, 1988

Gardner v. North Carolina

Supreme Court of the United States · Decided February 4, 1988 · Application, Blackmun, Brennan, Grant, Marshall

484 U.S. 1051; 108 S. Ct. 1000; 98 L. Ed. 2d 967; 56 U.S.L.W. 3625; 1988 U.S. LEXIS 578 (United States Reports)

Opinion of the Court

Gen. Ct. Justice, Super. Ct. Div., Forsyth County, N. C. Application for stay of execution of sentence of death, presented to The Chief Justice, 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 of execution and the petition for writ of certiorari and would vacate the death sentence in this case.

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