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493 U.S. 884

Marek v. Dugger

Supreme Court of the United States

Decided October 4, 1989

Supreme Court of the United States · decided 1989-10-04

Relies on Gregg v. Georgia

Decided 1989-10-04

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

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 of execution 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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