STEPHENS
v.
KEMP, SUPERINTENDENT, GEORGIA DIAGNOSTIC AND CLASSIFICATION CENTER

U.S. | 1984-12-11
No. 83-1845 (A-455)
with whom JUSTICE MARSHALL joins,
469 U.S. 1099 Supreme Court of the United States (1984) Positive Treatment
Cited by 6 cases
Dissent
JUSTICE BRENNAN,

with whom JUSTICE MARSHALL joins,

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, 227 (1976) (BRENNAN, J., dissenting), I would grant the supplementary application for stay of execution. But even if I believed otherwise, 1 would grant the supplementary application for the reasons set forth in my earlier dissents in this case. See ante, p. 1043; ante, p. 1099.

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    …sue a written order in this matter, as required by § 6(a). However, in light of the fact that the court’s oral ruling was transcribed, we conclude that any error was harmless. See United States v. Wilson, 732 F. 2d 404, 413 (5th Cir.), cert. denied, 469 U.S. 1099, 105 S.Ct. 609, 83 L.Ed.2d 718 (1984). . In order to prove the offense charged under 50 U.S.C. § 783(b) the government must show that the defendant knew or had reason to believe that the person to whom he gave classified information was either a re…
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