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McCoy v. Lynaugh

490 U.S. 1086 Court SCOTUS Decision date 1989-05-23 Docket No. A-923 English

Judges Justice Blackmun and Justice Stevens would grant the application.

Decision Majority (1) · Dissent — Brennan J.

Contents
p. 1086
No. A-923.
McCoy v. Lynaugh, Director, Texas Department of Corrections.

Application for stay of execution of sentence of death, presented to Justice White, and by him referred to the Court, denied.

Justice Blackmun and Justice Stevens would grant the application.

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 writ of certiorari and would grant the petition and vacate the death sentence in this case.

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