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Smith v. Texas

478 U.S. 1032 Court SCOTUS Decision date 1986-08-21 Docket No. A-131 English

Judges Justice Rehnquist and Justice O’Connor took no part in the consideration or decision of this application.

Decision Majority (1) · Dissent — Brennan J.

Contents

Majority

p. 1032
August 21, 1986
No. A-131.
Smith v. Texas.

Application 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.

dissenting.

Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth

Dissent — Brennan J.

p. 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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