Majority
Sup. Ct. Fla. Application for stay of execution of sentence of death, presented to Justice Powell, and by him referred to the Court,
Dissent — Brennan J.
Justice Blackmun would deny the state habeas petition without prejudice to the presentation of claims on federal habeas.
dissenting.
Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153 , 227, 231 (1976), we would grant the application for stay and the petition for writ of certiorari and would vacate the death sentence in this case.
Cases cited
- Gregg v. Georgia 428 U. S. 153 at 231 p. 1131