Bell v. Ohio (No. 76-6513) 48 Ohio St. 2d 270, 358 N. E. 2d 556, reversed in part and remanded.
Syllabus	Opinion [ Burger ]	Concurrence [ Blackmun ]	Concurrence [ Marshall ]	Dissent [ Rehnquist ]
HTML version PDF version	HTML version PDF version	HTML version PDF version	HTML version PDF version	HTML version PDF version

MARSHALL, J., Concurring Opinion

SUPREME COURT OF THE UNITED STATES

---

438 U.S. 637

Bell v. Ohio

---

No. 76-6513 Argued: January 17, 1978 --- Decided: July 3, 1978

---

MR. JUSTICE MARSHALL, concurring in the judgment.

I continue to believe that the death penalty is, under all circumstances, a cruel and unusual punishment prohibited by [p644] the Eighth and Fourteenth Amendments, Furman v. Georgia, 408 U.S. 238, 314-374 (1972) (MARSHALL, J., concurring); Gregg v. Georgia, 428 U.S. 153, 231-241 (1976) (MARSHALL, J., dissenting), and thus disagree with the Court's assumption to the contrary. See Lockett v. Ohio, ante p. 619 (MARSHALL, J., concurring in judgment). I join in the Court's judgment insofar as it requires that petitioner's death sentence be vacated.