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Hamblen v. Dugger

Hamblen v. Dugger, Secretary, Florida Department of Corrections

Hamblen v. Dugger, 497 U.S. 1054 (1990)
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Court
Supreme Court of the United States
Decided
September 20, 1990
Docket
No. A-223
Judges
Marshall
Citations
497 U.S. 1054111 S. Ct. 22

Opinion of the Court

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

Dissent — Marshall

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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 in order to give the applicant time to file a petition for writ of certio-rari and would grant the petition and vacate the death sentence in this case.

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Authorities cited 1

DepthCaseCited by
Gregg v. Georgia, 428 U.S. 153 (1976) 6,081

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