Supreme Court of the United States, 1989

Dugger v. Harris

Dugger v. Harris
Supreme Court of the United States · Decided December 11, 1989 · Brennan
493 U.S. 1011; 110 S. Ct. 573 (United States Reports)

Dugger v. Harris

Opinion of the Court

C. A. 11th Cir. Certiorari denied.

Concurring Opinion

Justice Brennan,

concurring.

I agree that respondent’s lawyers rendered ineffective assistance of counsel in violation of the Sixth and Fourteenth Amendments. Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, see Gregg v. Georgia, 428 U. S. 153, 227 (1976) (dissenting opinion), I would hold that the State is precluded on remand from imposing a sentence of death.

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