Supreme Court of the United States, 1988

McMurtrey v. Arizona

McMurtrey v. Arizona
Supreme Court of the United States · Decided December 19, 1988 · Brennan, Marshall
488 U.S. 997; 109 S. Ct. 773 (United States Reports)

McMurtrey v. Arizona

Opinion of the Court

Super. Ct. Ariz., Pima County. Application for stay of execution of sentence *998of death, presented to Justice O’Connor, and by her 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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