FELDE
v.
BUTLER, WARDEN

U.S. | 1988-03-14
No. 87-6596 (A-696)
485 U.S. 945 Supreme Court of the United States (1988) 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 of execution and the petition for writ of certiorari and would vacate the death sentence in this case.

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  • Jefferson S. Dunn v. Domineque Hakim Marcelle RAY., 139 S. Ct. 661 (U.S. 2019)
  • Delo v. Blair, 509 U.S. 825 (U.S. 1993)
    …nsider motions to vacate stays of execution is deferential, and properly so. Only when the lower courts have clearly abused their discretion in granting a stay should we take the extraordinary step of overturning such a decision.” Dugger v. Johnson, 485 U. S. 945, 947 (1988) (O’Connor, J., joined by Rehnquist, C. J., dissenting). Accord, Barefoot v. Estelle, 463 U. S. 880, 896 (1983); Wainwright v. Spenkelink, 442 U. S. 901, 905 (1979) (Rehnquist, J, dissenting). In this case, the Court of Appeals granted a…

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