Darden v. Dugger
485 U.S. 949
SCOTUS
1988
Check Treatment

Lead Opinion

C. A. 11th Cir. Application for stay of execution of sentence of death, presented to Justice Kennedy, and by him referred to the Court, denied. Certiorari denied. Justice Brennan, Justice Marshall, and Justice Blackmun dissent for the reasons stated in Justice Blackmun’s dissent from the denial of the petition for writ of certiorari in Darden v. Dugger, ante, p. 943.





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.