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- SUPREME COURT OF THE UNITED STATES
- --------
- No. 93-9538 (A-1036)
- --------
- DAVID LAWSON v. GARY DIXON, WARDEN
- on application for stay and petition for writ
- of certiorari
- [June 14, 1994]
-
- The application for stay of execution of sentence of
- death presented to The Chief Justice and by him
- referred to the Court is denied. The petition for writ of
- certiorari is denied.
- Justice Blackmun, dissenting.
- Despite alleged procedural problems, I find petitioner's
- constitutional challenge to the gas chamber to be a
- serious one. Only four States, Arizona, California,
- Mississippi, and North Carolina, still use the gas
- chamber as a method of execution. Its cruelty has been
- attested to on more than one occasion. See also the
- dissenting opinion of Justice Marshall, joined by Justice
- Brennan, in Gray v. Lucas, 463 U. S. 1237, 1240 (1983).
- In addition, adhering to my view that the death
- penalty cannot be imposed fairly within the constraints
- of our Constitution, see my dissent in Callins v. Collins,
- 510 U. S. ___, ___ (1994), I would grant the application
- for stay of execution and the petition for certiorari and
- vacate the death sentence in this case.
-