Wingo v. Blackburn

Background

A group of defendants facing death sentences sought review from the Supreme Court after appeals in various federal circuits and state supreme courts. The Court’s order in the docket entries listed above simply reports: "Certiorari denied." That means the Justices declined to take up these cases for further review at this time.

Reasoning

The central practical question was whether the death penalty in these cases should be reviewed by the Supreme Court and whether the sentences should be set aside as unconstitutional. The Court did not grant review and so did not issue a majority opinion resolving the constitutional question in these entries. Two Justices—Justice Brennan and Justice Marshall—wrote a dissent stating they adhere to their view that the death penalty is always "cruel and unusual punishment" under the Eighth and Fourteenth Amendments and that they would grant review and vacate the death sentences, citing Gregg v. Georgia.

Real world impact

Because the Court denied review, the death sentences imposed in the lower-court and state-court rulings listed remain in effect for now. The denial leaves unresolved, at the Supreme Court level, the broader constitutional claim that the death penalty is always prohibited. The practical result is that these cases will not change national law at this stage.

Dissents or concurrances

Justice Brennan and Justice Marshall dissented from the denial of review. They stated plainly they would have granted review and would have vacated the death sentences on the ground that the death penalty always violates the Eighth and Fourteenth Amendments.