July 6, 1987
WHITLEY, RICHARD L
MUNCY, WARDEN, ET AL.
C.A. 4th Cir. Reported below: 823 F.2d 55
The application for stay of execution of sentence of death presented to the Chief Justice and by him referred to the Court is denied. The petition for a writ of certiorari is denied.
Justice Brennan and Justice Marshall 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 of execution, the petition for a writ of certiorari and vacate the death sentence in this case.
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