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Warren McCleskey v. Michael Bowers, Attorney General of Georgia

Citations: 501 U.S. 1282; 60 U.S.L.W. 3208; 112 S. Ct. 38; 115 L. Ed. 2d 1118; 1991 U.S. LEXIS 4237Docket: 91-5901

Court: Supreme Court of the United States; September 25, 1991; Federal Supreme Court; Federal Appellate Court

Narrative Opinion Summary

The Supreme Court denied Warren McCleskey's application for a stay of execution and his petition for writ of certiorari regarding his death sentence. The case was referred to Justice Kennedy, who presented it to the Court. Justice Marshall dissented, reiterating his belief that the death penalty constitutes cruel and unusual punishment under the Eighth and Fourteenth Amendments, as established in Gregg v. Georgia. He argued for the stay of execution and support for the writ of certiorari to vacate the death sentence. Justices Blackmun and Stevens also expressed their support for granting the stay and the petition.

Legal Issues Addressed

Denial of Stay of Execution

Application: The Supreme Court denied Warren McCleskey's application for a stay of execution despite arguments presented by dissenting justices.

Reasoning: The Supreme Court denied Warren McCleskey's application for a stay of execution and his petition for writ of certiorari regarding his death sentence.

Dissenting Opinions on Death Penalty Cases

Application: Justices Blackmun and Stevens joined Justice Marshall in supporting a stay of execution and the petition for writ of certiorari, highlighting ongoing judicial debate about the application of the death penalty.

Reasoning: Justices Blackmun and Stevens also expressed their support for granting the stay and the petition.

Eighth and Fourteenth Amendments - Death Penalty

Application: Justice Marshall reiterated his position that the death penalty violates the Eighth and Fourteenth Amendments, advocating for a stay of execution and the vacating of the death sentence.

Reasoning: Justice Marshall dissented, reiterating his belief that the death penalty constitutes cruel and unusual punishment under the Eighth and Fourteenth Amendments, as established in Gregg v. Georgia.

Petition for Writ of Certiorari

Application: McCleskey's petition for writ of certiorari was denied by the Supreme Court, despite dissenting opinions advocating for its support.

Reasoning: The Supreme Court denied Warren McCleskey's application for a stay of execution and his petition for writ of certiorari regarding his death sentence.