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HARICH v. DUGGER(1991)

 

No. 90-7789

Argued: Decided: April 23, 1991

Justice MARSHALL 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, 231 , 96 S.Ct. 2909, 2973, 49 L. Ed.2d 859 (1976), I would grant the application for stay of execution and the petition for a writ of certiorari and vacate the death sentence in this case.