Kay v. Texas, 85-6831

Decision Date06 October 1986
Docket NumberNo. 85-6831,85-6831
PartiesDavid W. McKAY, petitioner, v. TEXAS
CourtU.S. Supreme Court

Petition for writ of certiorari to the Court of Criminal Appeals of Texas.

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, 96 S.Ct. 2909, 2950, 2973, 49 L.Ed.2d 859 (1976), we would grant certiorari and vacate the death sentence in this case.

Justice SCALIA took no part in the consideration or decision of this petition.

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