SMITH
v.
KEMP, SUPERINTENDENT, GEORGIA DIAGNOSTIC AND CLASSIFICATION CENTER,
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 (1976), we would grant the application for stay of execution, grant the petition for rehearing, and vacate the death sentence in this case.
[*1033] Justice Stevens,
dissenting.
In my opinion all executions in Georgia should be postponed until the United States Court of Appeals for the Eleventh Circuit renders its en banc decision in Spencer v. Zant, 715 F. 2d 1562 (1983). See Sanders v. United States, 373 U. S. 1, 15-17 (1963). The “ends of justice would not be served” by the execution of this petitioner while the Court of Appeals is deciding the merits of the claim he asserts. I therefore would grant the stay application.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Ryan, 828 F.2d 1010 (3d Cir. 1987)…ecessary for a conviction under § 1014; it is enough that the statement is of a type that could disturb the balance of facts that would otherwise be available to the bank. See United States v. Glassey, 715 F. 2d 352, 353 (7th Cir.), cert. dismissed, 464 U.S. 1032, 104 S.Ct. 566, 78 L.Ed.2d 733 (1983). “Materiality is also established when it is shown that the inquiry ... concerns the ‘discovery of assets, including the history of [the defendant’s] financial transactions.’” United States v. Phillips, 606 F. 2…
Authorities Cited
- Gregg v. Georgia, 428 U.S. 153 (U.S. 1976)
- Sanders v. United States, 373 U.S. 1 (U.S. 1963)
- Spencer v. Zant, 715 F.2d 1562 (11th Cir. 1983)