v.
James A. Lynaugh, Director, Texas Department of Corrections
Reporter's Syllabus — editorial summary, not part of the Court's opinion
The application for stay of execution of sentence of death presented to Justice White and by him referred to the Court is denied. The petition for a writ of certiorari to the United States Court of Appeals for the Fifth Circuit is denied.
Justice BRENNAN and Justice MARSHALL, dissenting:
Lead Opinion
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.
Dissent
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,[*1094] 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.