Milton v. Cotter

• Decision Date: 25 June 1985
• Docket Number: No. A-964,A-964
• Citation: 87 L.Ed.2d 645,105 S.Ct. 3516,472 U.S. 1033
• Parties: Charles MILTON, applicant, v. O.L. McCOTTER, Director, Texas Department of Corrections
• Court: U.S. Supreme Court

472 U.S. 1033

105 S.Ct. 3516

87 L.Ed.2d 645

Charles MILTON, applicant,

v. O.L. McCOTTER, Director, Texas Department of Corrections

No. A-964

Supreme Court of the United States

June 25, 1985

The application for stay of execution of the sentence of death scheduled for Tuesday, June 25, 1985, presented to Justice White and by him referred to the Court is 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, 337, 231, 96 S.Ct. 2909, 2950, 2973, 49 L.Ed.2d 859 (1976), we would grant the application for stay, a petition for writ of certiorari and vacate the death sentence in this case.