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478 U.S. 1029

Smith v. Murray

Supreme Court of the United States · decided 1986-07-31

Relies on Gregg v. Georgia

Decided 1986-07-31

¶1Application for stay of execution of sentence of death, presented to The Chief Justice, and by him referred to the Court, denied.

Justice Blackmun would grant the application. Justice Stevens took no part in the consideration or decision of this application.
Justice Brennan and Justice Marshall,

¶2dissenting.

¶3Adhering 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 in order *1030to give the applicant time to file a petition for writ of certiorari, and would grant the petition and vacate the death sentence in this case.

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