Daugherty v. Florida Et Al.; And Daugherty v. Dugger, Secretary, Florida Department of Corrections

Background

A death-row inmate, Jeffery Daugherty, asked the Court to pause his scheduled execution. The application for a stay was presented to Justice Kennedy and referred to the full Court. The prosecutor and judge at Daugherty’s sentencing told the jury its recommendation was “advisory” and that the judge had the “final say.” A warrant for Daugherty’s execution had been issued.

Reasoning

The Court denied the applications for a stay. The published order contains a short disposition without a full majority opinion. Justice Brennan, joined by Justice Marshall (and by Justice Blackmun as to Part II), dissented and would have stayed the execution pending our decision in the related Adams case. The dissent argued Daugherty’s claim was similar to other cases the Court has held for Adams, noting uncertainty about whether jury remarks in Daugherty’s case differed from those in other pending cases.

Real world impact

The immediate effect is that Daugherty’s execution may proceed because the stay was denied. The dissent and other held cases show that closely related constitutional sentencing claims remain unresolved and are awaiting the Court’s decision in Adams. This ruling is procedural and not a final decision on the underlying constitutionality of the sentencing remarks; the outcome could change after Adams.

Dissents or concurrances

Justice Brennan wrote that the death penalty is always cruel and would grant the stay; Justice Stevens also said he would grant the applications. Justices Marshall and Blackmun joined parts of the dissent.