October 9, 1987
DAUGHERTY, JEFFERY JOSEPH, PETITIONER
Sup. Ct. Fla. Reported below: 505 So.2d 1323.
Rehnquist, Brennan, White, Marshall, Blackmun, Stevens, O'Connor, Scalia
The application for stay of execution of the sentence of death presented to Justice O'Connor and by her referred to the Court is denied. The petition for a writ of certiorari to the Supreme Court of Florida 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 and the petition for a writ of certiorari, and vacate the death sentence in this case.
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