Duncan v. Tennessee

488 U.S. 934 | SCOTUS | 1988

Lead Opinion

Ct. Crim. App. Tenn.; Ct. Crim. App. Tex.; C. A. 11th Cir.; Sup. Ct. Cal.; Sup. Ct. Ga.; Ct. Crim. App. Ala.; Sup. Ct. Ind.; Sup. Ct. Cal.; and Sup. Ct. Miss. Certiorari denied.

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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 sentences in these cases.