Supreme Court of the United States, 1988

Franklin v. Lynaugh

Franklin v. Lynaugh
Supreme Court of the United States · Decided November 2, 1988 · Brennan, Marshall
488 U.S. 935 (United States Reports)

Franklin v. Lynaugh

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. 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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