June 20, 1989
LEO EDWARDS, PETITIONER
LEE ROY BLACK, COMMISSIONER, MISSISSIPPI DEPARTMENT OF CORRECTIONS
C.A. 5th Cir.; Reported below: 876 F.2d 377.
Rehnquist, Brennan, White, Marshall, Blackmun, Stevens, O'Connor, Scalia, Kennedy
The application for stay of execution of sentence of death presented to Justice White and by him 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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