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HOUSE v. GEORGIA. ROSS V. GEORGIA. MOORE V. GEORGIA. MCCORQUODALE V. GEORGIA. JARRELL V. GEORGIA. MITCHELL V. GEORGIA. SMITH

SUPREME COURT OF THE UNITED STATES


July 6, 1976

HOUSE v. GEORGIA. ROSS V. GEORGIA. MOORE V. GEORGIA. MCCORQUODALE V. GEORGIA. JARRELL V. GEORGIA. MITCHELL V. GEORGIA. SMITH, AKA MACHETTI V. GEORGIA. MASON V. GEORGIA. PULLIAM V. GEORGIA.

Sup. Ct. Ga. Reported below: 232 Ga. 140, 205 S.E. 2d 217; Sup. Ct. Ga. Reported below: 233 Ga. 361, 211 S.E. 2d 356; Sup. Ct. Ga. Reported below: 233 Ga. 861, 213 S.E. 2d 829; Sup. Ct. Ga. Reported below: 233 Ga. 369; 211 S.E. 2d 577; Sup. Ct. Ga. Reported below: 234 Ga. 410, 216 S.E. 2d 258; Sup. Ct. Ga. Reported below: 234 Ga. 160, 214 S.E. 2d 900; Sup. Ct. Ga. Reported below: 236 Ga. 12, 222 S.E. 2d 308; Sup. Ct. Ga. Reported below: 236 Ga. 46, 222 S.E. 2d 339; and Sup. Ct. Ga. Reported below: 236 Ga. 460, 224 S.E. 2d 8.

Certiorari denied.

MR. JUSTICE BRENNAN.

MR. JUSTICE MARSHALL.

For the reasons stated in my dissenting opinion in Gregg v. Georgia, ante, p. 227, the imposition and carrying out of the death penalty in each of these cases [No. 74-5196 through No. 75-6653] constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. I would therefore grant certiorari in each of these cases and vacate the judgment in each case insofar as it leaves undisturbed the death sentence imposed.

Because I consider the death penalty to be a cruel and unusual punishment forbidden by the Eighth and Fourteenth Amendments, see Gregg v. Georgia, ante, p. 231 (MARSHALL, J., dissenting), I would grant certiorari in these cases [No. 74-5196 through No. 75-6653] and vacate the judgments insofar as they leave undisturbed the sentences of death.

19760706

© 1998 VersusLaw Inc.



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