Byrne v. Butler

Supreme Court of the United States
Byrne v. Butler, 486 U.S. 1051 (1988)
108 S. Ct. 2838
Application, Blackmun, Brennan, Grant, Marshall

Byrne v. Butler

Opinion of the Court

C. A. 5th Cir. 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 of execution and the petition for -writ of certiorari and would vacate the death sentence in this case.

Reference

Full Case Name
Byrne v. Butler, Warden
Status
Published