Supreme Court of the United States, 1988

Smith v. North Carolina

Smith v. North Carolina
Supreme Court of the United States · Decided April 27, 1988 · Brennan, Marshall
485 U.S. 1030 (United States Reports)

Smith v. North Carolina

Opinion of the Court

Gen. Ct. Justice, Super. Ct. Div., Halifax 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. Certiorari 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 execution and the petition for writ of certiorari and would vacate the death sentence in this case.

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