`
`
`
` Cite as: 577 U. S. ____ (2015)
`
`BREYER, J., dissenting
`
`SUPREME COURT OF THE UNITED STATES
`JERRY WILLIAM CORRELL v. FLORIDA
`ON APPLICATION FOR STAY AND PETITION FOR WRIT OF
`
`
`CERTIORARI TO THE SUPREME COURT OF FLORIDA
`
`
` No. 15-6551 (15A424) (Decided October 29, 2015)
`
`The application for stay of execution of sentence of death
`
`presented to JUSTICE THOMAS and by him referred to the
`Court is denied. The petition for writ of certiorari is de-
`nied.
`JUSTICE BREYER, dissenting from denial of certiorari
`and application for stay of execution.
`
`Jerry William Correll was sentenced to death on Febru-
`ary 7, 1986, and has now been incarcerated on death row
`by the State of Florida for over 29 years. Correll requests
`
`a stay of execution to allow the Court to consider his
`claims that Florida’s sentencing procedures violate the
`Sixth and Eighth Amendments and that his lengthy peri-
`od of incarceration under threat of execution constitutes
`cruel and unusual punishment.
`
`I remain convinced that the Court should consider
`whether nearly 30 years of incarceration under sentence of
`death is cruel and unusual punishment. See Lackey v.
`Texas, 514 U. S. 1045 (1995) (Stevens, J., memorandum
`respecting denial of certiorari); Knight v. Florida, 528
`U. S. 990, 993 (1999) (BREYER, J., dissenting from denial
`of certiorari); see also Glossip v. Gross, 576 U. S. ___, ___
`(2015) (BREYER, J., dissenting) (slip op., at 19–23).
`In addition, whether Florida’s sentencing procedures
`
`violate the Sixth and Eighth Amendments is now pending
`before the Court. Hurst v. Florida, No. 14–7505. In my
`view, we should hold this petition for resolution of those
`issues in Hurst.
`
`I respectfully dissent from the order of the Court to deny
`the application for stay of execution and the petition for a
`writ of certiorari.
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`CORRELL v. FLORIDA
`
`BREYER, J., dissenting
`
` SOTOMAYOR, J., dissenting
`
`JUSTICE SOTOMAYOR, dissenting from denial of stay and
`petition for writ of certiorari.
`I agree with JUSTICE BREYER that we should hold this
`
`
`petition for resolution of the issues in Hurst v. Florida, No.
`
`14–7505, now pending before the Court. I therefore re-
`spectfully dissent from the order of the Court to deny the
`petition for a writ of certiorari and the application for stay
`of execution.
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