CABANA v. BULLOCK

No. 84-1236.

474 U.S. 376 (1986)

CABANA, SUPERINTENDENT, MISSISSIPPI STATE PENITENTIARY, ET AL. v. BULLOCK

Supreme Court of United States.

Decided January 22, 1986


Attorney(s) appearing for the Case

Marvin L. White, Jr., Special Assistant Attorney General of Mississippi, argued the cause for petitioners. With him on the brief were Edwin Lloyd Pittman, Attorney General, Amy D. Whitten, Special Assistant Attorney General, and William S. Boyd III.

Joseph T. McLaughlin argued the cause for respondent. With him on the briefs were Henry Weisburg and Daniel Levin.*

Robert Glass and Timothy K. Ford filed a brief for the National Association of Criminal Lawyers as amicus curiae.


JUSTICE WHITE delivered the opinion of the Court.

In Enmund v. Florida, 458 U.S. 782 (1982), we ruled that the Eighth Amendment forbids the imposition of the death penalty on "one . . . who aids and abets a felony in the course of which a murder is committed by others but who does not himself kill, attempt to kill, or intend that a killing take place or that lethal force will be employed." Id., at 797. This case...

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