Majority
p. 1033No. 86-6985 (A-942). Evans v. Thigpen, Commissioner, Mississippi Department of Corrections.
C. A. 5th Cir. Application for stay of execution of sentence of death, presented to Justice White, and by him referred to the Court, denied. Certiorari 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. 1034
and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153 , 227, 231 (1976), we would grant the application for stay of execution 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. 1034