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WATERS v. KEMP, 475 U.S. 1039 (1986)

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United States Supreme Court

WATERS v. KEMP(1986)

No. 85-6010

Argued: Decided: February 24, 1986

The petition for a writ of certiorari to the Supreme Court of Georgia is denied.

Justice BRENNAN, 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 , [475 U.S. 1039 , 1040]   227, 2950 (1976), I would grant certiorari and vacate the death sentence in this case.

Justice MARSHALL and Justice BLACKMUN would grant the petition for a writ of certiorari, vacate the judgment and remand the case to the Supreme Court of Georgia for further consideration in light of Caldwell v. Mississippi, 472 U.S. 320 (1985).

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