Whitmore v. Gaines

Justice Blackmun,

dissenting.

Adhering to my view that the death penalty cannot be imposed fairly within the constraints of our Constitution, see my dissent in Callins v. Collins, 510 U. S. 1141, 1143 (1994), I would grant the application for stay of execution and the petition for writ of certiorari and would remand with instructions to enjoin petitioner’s execution.