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478 U.S. 1032

Smith v. Texas

Supreme Court of the United States

Decided August 21, 1986

Supreme Court of the United States · decided 1986-08-21

Relies on Gregg v. Georgia

Decided 1986-08-21

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

Justice Rehnquist and Justice O’Connor 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 *1033■and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant the application for stay in order to 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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