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FORD v. WAINWRIGHT

No. 85-5542.

477 U.S. 399 (1986)

FORD v. WAINWRIGHT, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

Supreme Court of United States.

Decided June 26, 1986

Attorney(s) appearing for the Case

Richard H. Burr III argued the cause for petitioner. With him on the briefs were Richard L. Jorandby, Craig S. Barnard, and Laurin A. Wollan, Jr.

Joy B. Shearer, Assistant Attorney General of Florida, argued the cause for respondent. With her on the brief was Jim Smith, Attorney General.*

JUSTICE MARSHALL announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I and II and an opinion with respect to Parts III, IV, and V, in which JUSTICE BRENNAN, JUSTICE BLACKMUN, and JUSTICE STEVENS join.

For centuries no jurisdiction has countenanced the execution of the insane, yet this Court has never decided whether the Constitution forbids the practice. Today we keep faith with our common-law heritage in holding that it...

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