MARSHALL, J., Concurring in the Judgment

SUPREME COURT OF THE UNITED STATES

433 U.S. 584

Coker v. Georgia

CERTIORARI TO THE SUPREME COURT OF GEORGIA

MR. JUSTICE MARSHALL, concurring in the judgment.

In Gregg v. Georgia, 428 U.S. 153, 231 (1976) (dissenting opinion), I stated:

In Furman v. Georgia, 408 U.S. 238, 314 (1972) (concurring opinion), I set forth at some length my views on the basic issue presented to the Court in these cases. The death penalty, I concluded, is a cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments. That continues to be my view. [p601]

I then explained in some detail my reasons for reaffirming my position. I continue to adhere to those views in concurring in the judgment of the Court in this case.