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Jones
v.
Whitley, Warden
v.
Whitley, Warden
No. 91-5194 (A-67).
Supreme Court of the United States.
Jul 21, 1991.
501 U.S. 1267
Marshall.
Published
Lead Opinion
C. A. 5th Cir. Application for stay of execution of sentence of death, presented to Justice Scalia, and by him referred to the Court, denied. Certiorari denied. Justice Blackmun and Justice Stevens would grant the application.
Dissent
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 (1976), I would grant the application for stay of execution and the petition for writ of certiorari and would vacate the death sentence in this case.