Majority
p. 901No.-. In re O’Bryan.
Motion for leave to file petition for writ of habeas corpus denied.
dissenting.
Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth
Dissent — Brennan J.
p. 902
and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153 , 227, 231 (1976), we would grant the motion and vacate the death sentence in this case.
Cases cited
- Gregg v. Georgia 428 U. S. 153 at 231 p. 902