Majority
p. 1034July 6, 1987 No. 87-5038 (A-17). Whitley v. Muncy, Warden, et al.
C. A. 4th Cir. Application for stay of execution of sentence of death, presented to The Chief Justice, 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 bv the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153 ,
Dissent — Brennan J.
p. 1035
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 p. 1034