Because it cannot be said with assurance that an improper finding of a § (b)(7) circumstance played no part in the jury's decision to impose the death penalty in this case, I would grant the petition for a writ of certiorari and vacate the death sentence on this additional ground.
Justice STEWART joins all but the first and last paragraphs of this dissenting opinion. He would grant the petition for certiorari and vacate the judgment imposing the death penalty, so that a properly instructed jury may consider what sentence to impose. See Westbrook v. Balkcom, 449 U.S. 999, 1001, 101 S. Ct. 541, 541-542, 66 L. Ed. 2d 297 (1980) (dissent from denial of certiorari).