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RONALD S. MONROE v. HILTON BUTLER

SUPREME COURT OF THE UNITED STATES


August 23, 1988

RONALD S. MONROE
v.
HILTON BUTLER, WARDEN

ON APPLICATION FOR STAY AND PETITION FOR A WRIT OF CERTIORARI. Reported below: 853 F.2d 924.

Rehnquist, Brennan, White, Marshall, Blackmun, Stevens, O'Connor, Scalia, Kennedy

[ 487 U.S. Page 1247]

The application for stay of execution of sentence of death presented to JUSTICE WHITE and by him referred to the Court is denied. The petition for a writ of certiorari is denied.

Disposition

 Certiorari denied.

JUSTICE BRENNAN, dissenting.

Adhering to my view 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 (1976), I would grant the application for stay, and the petition for writ of certiorari and vacate the death sentence in this case.

JUSTICE MARSHALL, dissenting from denial of certiorari.

Adhering to my view 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, 231-241 (1976) (MARSHALL, J., dissenting), I would grant the application for stay and the petition for writ of certiorari and vacate the death sentence in this case.

But even if I did not hold these views, I would grant the stay and vacate petitioner's death sentence for the reasons I expressed in Monroe v. Butler, 108 S. Ct. 1582, 1583-85 (1988) (dissent from denial of certiorari). After petitioner was convicted, State officials became aware of, but suppressed, information strongly suggesting that petitioner did not commit the crime for which he was found guilty. Petitioner has, however, neither been released

[ 487 U.S. Page 1248]

     nor received a new trial. Because petitioner has received woefully inadequate relief to vindicate the State's violation of his constitutional rights under Brady v. Maryland, 373 U.S. 83 (1963), I would stay his death sentence.

19880823

© 1998 VersusLaw Inc.



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