Thompson V. Oklahoma - Appeals

Appeals

Thompson's attorneys first attempted to appeal the case on the fact that inflammatory photographs were used by the prosecution to provoke the jury. Although the court did find that two of the photographs should have been excluded from the trial, the overwhelming evidence meant that the case was affirmed by the court.

Then, due to his quickly approaching execution, his attorneys filed his case with the Supreme Court, saying that the execution of a juvenile was unconstitutional under the Eight Amendment's "Cruel and Unusual Punishment" clause. The Court deliberated and made its decision June 29, 1988. They voted 5-3 in favor of Thompson, with Justice Anthony Kennedy not taking part in the case. Justice John Paul Stevens wrote the majority opinion and Justice Antonin Scalia wrote the minority opinion.

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