Gilmore v. Delo
Gilmore v. Delo, Superintendent, Potosi Correctional Center
Opinion of the Court
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C. A. 8th Cir. Application for stay of execution of sentence of death, presented to JUSTICE Blackmun, and by him referred to the Court, denied. Certiorari denied. Justice Scalia took no part in the consideration or decision of this application and this petition.
Dissent
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Justice Marshall,
dissenting.
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, 231 (1976), I would grant the application for stay of execution and the petition for writ of certiorari and would vacate the death sentence in this case.
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