In the 1990 case of Tommy Cage v. Louisiana, the U.S Supreme Court was asked to consider whether a defendant's Sixth Amendment right to confront witnesses against him had been violated. The petitioner, Tommy Cage, argued that his constitutional rights were infringed upon when he was not allowed to cross-examine a witness who had given damaging testimony against him in court but later recanted it outside of court. However, the Supreme Court declined to review this issue because it found that there was no substantial federal question involved in the case. Therefore, they upheld the decision made by Louisiana courts which convicted Cage for armed robbery and sentenced him accordingly.

The dissenting opinion in the case of Tommy Cage v. Louisiana argued that the majority's decision to uphold Cage's death sentence was a violation of his Eighth Amendment rights, which protect against cruel and unusual punishment. The dissenters believed that the jury instructions given during Cage's trial were overly vague, leading to potential confusion among jurors about what constituted "aggravating circumstances" - a key factor in determining whether or not to impose the death penalty. They also expressed concern over evidence suggesting racial bias may have influenced sentencing decisions, as well as issues related to ineffective counsel and prosecutorial misconduct during trial proceedings. Overall, they felt these factors created an unfair environment for deliberation on such a serious matter as capital punishment.