ANDRADE
v.
MCCOTTER, DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS

U.S. | 1986-12-12
No. A-436
479 U.S. 1013 Supreme Court of the United States (1986) Positive Treatment
Cited by 2 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 in order to give the applicant time to file a petition for writ of certiorari and would grant the petition and vacate the death sentence in this case.


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  • …es a disputed question; the order resolves an issue completely separate from the merits; and the order is effectively unreviewable on appeal from a final judgment. See In re Grand Jury Subpoena Duces Tecum, 797 F. 2d 676 (8th Cir.), cert. dismissed, 479 U.S. 1013, 107 S.Ct. 661, 93 L.Ed.2d 714 (1986). The United States argues that the press has no standing because this case involves a grand jury proceeding and the press does not have access to such proceedings. The intervenors argue that the closure order e…
  • Young v. United States Dep't OF Just., 882 F.2d 633 (2d Cir. 1989)
    …ovide any authority for delayed-notification orders concerning grand-jury subpoenas and struggled to find independent grounds upon which to issue them. See, e.g., In re Grand Jury Subpoena Duces Tecum, 797 F. 2d 676, 680 (8th Cir.), cert. dismissed, 479 U.S. 1013, 107 S.Ct. 661, 93 L.Ed.2d 714 (1986); In re Grand Jury Subpoena Duces Tecum, 575 F.Supp. 93, 94 (S.D.N.Y.1983); see also Matter of Grand Jury Applications for Court-Ordered Subpoenas and Nondisclosure Orders — December 1988 Term, 142 Misc.2d 241, 2…

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