THOMPSON v. OKLAHOMA

No. 86-6169.

487 U.S. 815 (1988)

THOMPSON v. OKLAHOMA

Supreme Court of United States.

Decided June 29, 1988


Attorney(s) appearing for the Case

Harry F. Tepker, Jr., by appointment of the Court, 480 U.S. 929, argued the cause for petitioner. With him on the briefs was Victor L. Streib.

David W. Lee argued the cause for respondent. With him on the brief were Robert H. Henry, Attorney General of Oklahoma, and William H. Luker, Susan Stewart Dickerson, Sandra D. Howard, and M. Caroline Emerson, Assistant Attorneys General.*

A brief of amicus curiae urging affirmance was filed for Kentucky et al. by David L. Armstrong, Attorney General of Kentucky, and David A. Smith and Virgil W. Webb III, Assistant Attorneys General, and by the Attorneys General for their respective States as follows: Don Siegelman of Alabama, Robert K. Corbin of Arizona, John Steven Clark of Arkansas, John J. Kelly of Connecticut, Charles M. Oberly of Delaware, Robert Butterworth of Florida, Jim Jones of Idaho, Robert T. Stephan of Kansas, Edwin L. Pittman of Mississippi, William L. Webster of Missouri, Mike Greely of Montana, Brian McKay of Nevada, Hal Stratton of New Mexico, Lacy H. Thornburg of North Carolina, LeRoy S. Zimmerman of Pennsylvania, Travis Medlock of South Carolina, David L. Wilkinson of Utah, Mary Sue Terry of Virginia, and Joseph B. Meyer of Wyoming.

Briefs of amici curiae were filed for the American Bar Association by Eugene C. Thomas, Andrew J. Shookhoff, and Steven H. Goldblatt; for the American Society for Adolescent Psychiatry et al. by Joseph T. McLaughlin, Jeremy G. Epstein, and Henry Weisburg; for Amnesty International by Paul L. Hoffman, Joan W. Howarth, Joan F. Hartman, Mary E. McClymont, and John E. Osborn; for Defense for Children International-USA by Anna Mamalakis Pappas; for the National Legal Aid and Defender Association et al. by James E. Coleman, Jr., and Michael A. Mello; and for the Office of the State Appellate Defender of Illinois by Theodore Gottfried.


JUSTICE STEVENS announced the judgment of the Court and delivered an opinion in which JUSTICE BRENNAN, JUSTICE MARSHALL, and JUSTICE BLACKMUN join.

Petitioner was convicted of first-degree murder and sentenced to death. The principal question presented is whether the execution of that sentence would violate the constitutional prohibition against the infliction of "cruel and unusual punishments"1

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