ELLEDGE v. FLORIDA

No. 98-5410.

525 U.S. 944 (1998)

ELLEDGE v. FLORIDA.

Supreme Court of United States.

October 13, 1998.


Certiorari denied.

JUSTICE BREYER, dissenting.

Petitioner in this case has spent more than 23 years in prison under sentence of death. His claim—that the Constitution forbids his execution after a delay of this length—is a serious one.

The Eighth Amendment forbids punishments that are "cruel" and "unusual." Twenty-three years under sentence of death is unusual—whether one takes as a measuring rod current practice or the practice...

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