Waters v. Kemp, 85-6010
Decision Date | 24 February 1986 |
Docket Number | No. 85-6010,85-6010 |
Citation | 106 S.Ct. 1249,89 L.Ed.2d 357,475 U.S. 1039 |
Parties | Eurus Kelly WATERS, petitioner, v. Ralph KEMP, Warden |
Court | U.S. Supreme Court |
The petition for a writ of certiorari to the Supreme Court of Georgia is denied.
Adhering to my view 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, 96 S.Ct. 2909, 2950, 49 L.Ed.2d 859 (1976), I would grant certiorari and vacate the death sentence in this case.
Justice MARSHALL and Justice BLACKMUN would grant the petition for a writ of certiorari, vacate the judgment and remand the case to the Supreme Court of Georgia for further consideration in light of Caldwell v. Mississippi, 472 U.S. 320, 105 S.Ct. 2633, 86 L.Ed.2d 231 (1985).
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