Douglas v. Florida

429 U.S. 871 | SCOTUS | 1976

Dissenting Opinion

Mr. Justice Brennan,

dissenting.

For the reasons stated in my dissenting opinion in Gregg v. Georgia, 428 U. S. 153, 227 (1976), the imposition and carrying out of the death penalty in this case constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. I would therefore grant certiorari in this case and vacate the judgment insofar as it leaves undisturbed the death sentence imposed.

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Lead Opinion

Sup. Ct. Fla. Certiorari denied.

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Dissenting Opinion

Mr. Justice Marshall,

dissenting.

Because I consider the death penalty to be a cruel and unusual punishment forbidden by the Eighth and Fourteenth Amendments, see Gregg v. Georgia, 428 U. S. 153, 231 (1976) (Marshall, J., dissenting), I would grant certiorari in this case and vacate the judgment insofar as it leaves undisturbed the sentence of death.