Supreme Court of the United States, 1989

Franz v. Lockhart

Franz v. Lockhart
Supreme Court of the United States · Decided November 27, 1989 · Brennan, Marshall
493 U.S. 984 (United States Reports)

Franz v. Lockhart

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 sentence in this case.

Opinion of the Court

C. A. 8th Cir. Motion of the parties to consolidate this petition with No. 88-7146, Whitmore, Individually and as Next Friend of Simmons v. Arkansas et al. [certiorari granted, 492 U. S. 917], denied. Certiorari before judgment denied.

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