Supreme Court of the United States, 1988

Duncan v. Tennessee

Duncan v. Tennessee
Supreme Court of the United States · Decided October 31, 1988 · Brennan, Marshall
488 U.S. 934 (United States Reports)

Duncan v. Tennessee

Opinion of the Court

Ct. Crim. App. Tenn.; Ct. Crim. App. Tex.; C. A. 11th Cir.; Sup. Ct. Cal.; Sup. Ct. Ga.; Ct. Crim. App. Ala.; Sup. Ct. Ind.; Sup. Ct. Cal.; and Sup. Ct. Miss. 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 certiorari and vacate the death sentences in these cases.

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