Narrative Opinion Summary
Justice Brennan dissents, referencing his prior dissent in Gregg v. Georgia. He argues that the death penalty, as applied in the cases numbered 74-5196 through 75-6653, amounts to cruel and unusual punishment, violating the Eighth and Fourteenth Amendments. He advocates for granting certiorari in each case and vacating the judgments that uphold the death sentences.
Legal Issues Addressed
Cruel and Unusual Punishment under the Eighth Amendmentsubscribe to see similar legal issues
Application: Justice Brennan asserts that the application of the death penalty in the specified cases constitutes cruel and unusual punishment.
Reasoning: He argues that the death penalty, as applied in the cases numbered 74-5196 through 75-6653, amounts to cruel and unusual punishment, violating the Eighth and Fourteenth Amendments.
Judicial Review and Certiorarisubscribe to see similar legal issues
Application: Justice Brennan supports the granting of certiorari to review and vacate the judgments upholding the death sentences.
Reasoning: He advocates for granting certiorari in each case and vacating the judgments that uphold the death sentences.
Violation of the Fourteenth Amendmentsubscribe to see similar legal issues
Application: Justice Brennan claims that the death sentences in these cases infringe upon rights protected by the Fourteenth Amendment.
Reasoning: He argues that the death penalty, as applied in the cases numbered 74-5196 through 75-6653, amounts to cruel and unusual punishment, violating the Eighth and Fourteenth Amendments.