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, 96 S. Ct. 2909, 2950, 2973, 49 L. Ed. 2d 859 (1976), we would grant the application for stay, the petition for writ of certiorari and vacate the death sentence in this case.
Justice BLACKMUN and Justice STEVENS would grant the application for stay.