July 17, 1990
MIKEL JAMES DERRICK
JAMES A. COLLINS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION
Rehnquist, Brennan, White, Marshall, Blackmun, Stevens, O'Connor, Scalia, Kennedy. Justice Brennan and Justice Marshall dissent. Justice Blackmun and Justice Stevens would grant the application for stay.
The application for stay of execution of sentence of death and certificate of probable cause presented to Justice White and by him referred to the Court is denied.
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 in order to give applicant time to file a petition for a writ of certiorari, and would grant the petition and vacate the death sentence in this case.
Justice Blackmun and Justice Stevens would grant the application for stay.
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