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Clemons v. Mississippi

Media Items
Oral Argument
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Opinion Announcement
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Advocates
Kenneth S. Resnick (on behalf of the Petitioner)
Marvin L. White, Jr. (on behalf of the Respondent)
Case Basics
Docket No.: 
88-6873
Petitioner: 
Clemons
Respondent: 
Mississippi
Decided By: 
Rehnquist Court (1988-1990)
Opinion: 
494 U.S. 738 (1990)
Argued: 
Tuesday, November 28, 1989
Decided: 
Wednesday, March 28, 1990
Issues: 
Criminal Procedure, Cruel and Unusual Punishment, Death Penalty

Cite this page
The Oyez Project, Clemons v. Mississippi , 494 U.S. 738 (1990)
available at: (http://oyez.org/cases/1980-1989/1989/1989_88_6873)
(last visited Monday, November 23, 2009).
Facts of the Case: 

None

Question: 

None

Conclusion: 

None

Decisions

Decision: 5 votes for Clemons, 4 vote(s) against
Legal provision: Amendment 8: Cruel and Unusual Punishment

Sort by Ideology

Voted with the majority
Rehnquist
Wrote a dissent, joined Blackmun's dissent
Brennan
Wrote the majority opinion
White
Voted with the minority, joined Blackmun's dissent
Marshall
Wrote a dissent
Blackmun
Voted with the minority, joined Blackmun's dissent
Stevens
Voted with the majority
O'Connor
Voted with the majority
Scalia
Voted with the majority
Kennedy

Full Opinion by Justice Byron R. White