BOWDEN
v.
KEMP, WARDEN

U.S. | 1985-10-11
No. A-280
474 U.S. 891 Supreme Court of the United States (1985) Positive Treatment
Cited by 4 cases
Dissent
Justice Brennan and Justice Marshall,

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 and a petition for writ of certiorari and would vacate the death sentence in this case.

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  • State v. AIR Jamaica Ltd., 522 So. 2d 446 (Fla. 1st DCA 1988)
    …Airlines, Inc. v. Department of Revenue, 455 So. 2d 317 (Fla. 1984), appeal dismissed, 474 U.S. 892, 106 S.Ct. 213, 88 L.Ed.2d 214 (U.S.1985); Northeastern International Airways v. Department of Revenue, 457 So. 2d 1008 (Fla.1984), appeal dismissed, 474 U.S. 891, 106 S.Ct. 213, 88 L.Ed.2d 214 (1985); and Eastern Airlines, Inc. v. Department of Revenue, 455 So. 2d 311 (Fla.1984), appeal dismissed, 474 U.S. 892, 106 S.Ct. 213, 88 L.Ed.2d 214 (1985). . Section 212.12(3) provides that “[w]hen any dealer or oth…
  • Jones v. Smith, 475 U.S. 1076 (U.S. 1986)
    …n for a certificate of probable cause and a stay of execution, finding his claims to lack merit. 772 F. 2d 668 (1985). Three times in the past six months a stay of execution has been granted in virtually identical circumstances. See Bowden v. Kemp, 474 U. S. 891 (1985); Moore v. Blackburn, No. A-261 (85-5555), Oct. 4, 1985; Celestine v. Blackburn, 473 U. S. 938 (1985). In light of the disposition of those applications, I can see no justification whatever for the Court’s action today. As I noted only two day…

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