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GARDNER v. TEXAS

January 17, 1989

GARDNER, DAVID ALLEN, PETITIONER
v.
TEXAS



Ct. Crim. App. Tex. Reported below: 733 S.W. 2d 195.

Rehnquist, Brennan, White, Marshall, Blackmun, Stevens, O'Connor, Scalia, Kennedy

The petition for writ of certiorari is denied.

Disposition

Certiorari 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 certiorari and vacate the death sentence in this case.

19890117

© 1998 VersusLaw Inc.

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