February 24, 1989
FETTERLY, DONALD KENNETH, PETITIONER
Sup. Ct. Idaho.
Rehnquist, Brennan, White, Marshall, Blackmun, Stevens, O'Connor, Scalia, Kennedy
The application to continue stay of execution of death warrant presented to Justice O'Connor and by her referred to the Court 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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