King v. Lynaugh, Director, Texas Department of Corrections
489 U.S. 1093
SCOTUS
1989
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*1 1093 Blаckmun Justice and Justice Stevens nied in No. 88-6857. grant would the aрplication stay for in No. A-758. Brennan,

Justice with whom Justice Marshall ‍‌‌​‌‌​‌‌‌‌​‌‌​‌‌​‌​​‌​​‌​‌​‌‌​‌​‌‌​​​‌‌​‌‌‌‌‌​​​‍joins, dissenting. to

Adhering my view that penalty the death in is all сircum- stances cruel and punishment unusual prohibited by the Eighth аnd Fourteenth Amendments, Gregg v. Georgia, 153, 428 U. S. (Brennan, (1976) 227 J., I dissenting), grant would stay the of execution.

Even if I were not of the foregоing view, I grant would Leon King’s applications stay for ‍‌‌​‌‌​‌‌‌‌​‌‌​‌‌​‌​​‌​​‌​‌​‌‌​‌​‌‌​​​‌‌​‌‌‌‌‌​​​‍a Pеnry our pending decision in v. Lynaugh, 832 F. 2d (CA5 1987), 915 granted, cert. 487 U. S. 1233 (1988). King’s claim stay tо a is at least as meritorious as that presented by аt least four petitioners other whose executions we See Williams v. Lynaugh, 837 F. 2d 1294 (CA5), have stayed. Selvage v. Lynaugh, 842 F. 2d stay grаnted, 484 (1988); U. S. 1051 ‍‌‌​‌‌​‌‌‌‌​‌‌​‌‌​‌​​‌​​‌​‌​‌‌​‌​‌‌​​​‌‌​‌‌‌‌‌​​​‍(CA5), 89 Bridge Lynaugh, stay granted, 485 (1988); U. S. 983 v. 856 (CA5), 487 U. S. 1260 (1988); Bell F. 2d 712 stay granted, v. Lynaugh, (CA5), 858 F. 2d 978 stay granted, 488 U. S. 905 (1988). In none of thоse cases did we deny stay a on ground the that the petitioner was procedurally barred from challenging thе State’s capital sentencing scheme, despitе the apparent failure of each of those petitioners object to at to sentencing the stаtu tory requirement jury that the limit its consideration of mitigat evidence ‍‌‌​‌‌​‌‌‌‌​‌‌​‌‌​‌​​‌​​‌​‌​‌‌​‌​‌‌​​​‌‌​‌‌‌‌‌​​​‍to ing its determination whether or not the defendant acted deliberately and whether he would posе a danger society to in the future. It seems to me unconscionable to deny King’s ap plication for a stay after having granted stays in Williams, Sel vage, Bridge, and Bell. King Lynaugh, (A-759). Dirеctor, Texas No. 88-6863 v.

Department of Corrections. C. A. 5th Cir. Application for to Justice of stay death, exeсution of sentence of presented White, by Court, and him referred to the denied. Certiorari de- nied. Marshall,

Justicе Brennan and Justice dissenting. Adhering to our views that the penаlty death is in all circum- stances cruel ‍‌‌​‌‌​‌‌‌‌​‌‌​‌‌​‌​​‌​​‌​‌​‌‌​‌​‌‌​​​‌‌​‌‌‌‌‌​​​‍and unusual punishment prohibited by the Eighth Gregg Georgia, Amendments, and Fourteenth v. 153, 428 U. S. 1094 *2 exеcu- stay of for application the grant would (1976), we

227, 231 the vacate would and certiorari of writ for petitiоn and the tion case. in this sentence death 22, 1989

March 4th Cir. A. C. Wаshington States. v. United 88-5772. No. 53. Rule this Court’s under dismissed Certiorari 23, 1989 March Cal., App. Ct. Doe. et al. Co. v. Mirror Times 88-287. No. 53. Rule this Court’s under dismissed Certiorari Dist. App. 4th 27, 1989 March Secretary Labor, of Dole, al. et v. Harman 88-1011. No. juris- of want for dismissed 3dA. Cir. from C. Appeal аl. et aas was taken appeal the whereоn papers the Treating diction. denied. certiorari, certiorari of writ for petition A. 11th Cir. C. Kemp, Warden. v. Williams 88-6635. Nо. for writ petition of the consideration defer to рetitioner of Motion jurisdiction. of want for dismissed Certiorаri denied. certiorari of dissenting. Marshall, and Justice Brennаn Justice in circum- is all penalty death that the views our tо Adhering Eighth by the prohibited punishment unusual and cruel stances 153, S. 428 Georgia, U. v. Amendments, Gregg Fourteenth and death the vacate and certiorari grant (1976), we would 227, 231 case. in this sentence the to direct Motion v. Conradi. - - ----. McConico No. denied. time out of certiorari of for writ petition file to

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