June 13, 1988
EDWARD R. BYRNE, JR
ROBERT H. BUTLER, SR., WARDEN
Rehnquist, Brennan, White, Marshall, Blackmun, Stevens, O'Connor, Scalia, Kennedy
The application for stay of execution of sentence of death presented to Justice White and by him referred to the Court is denied.
Application for stay of execution of sentence of death denied.
Justice Brennan and Justice Marshall dissenting:
Adhering 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 a writ of certiorari, and would grant the petition and vacate the death sentence in this case.
Justice Stevens would grant the application for stay.
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