Majority
p. 997December 19, 1988 No. 88-874 (A-481). McMurtrey v. Arizona.
Super. Ct. Ariz., Pima County. Application for stay of execution of sentence
Dissent — Brennan J.
p. 998
of death, presented to Justice O’Connor, and by her referred to the Court, denied. Certiorari denied.
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 and the petition for writ of certiorari and would vacate the death sentence in this case.
Cases cited
- Gregg v. Georgia 428 U. S. 153 at 231 p. 998