Douglas v. Florida

Sup. Ct. Fla. Certiorari denied.

Mr. Justice Brennan,

dissenting.

For the reasons stated in my dissenting opinion in Gregg v. Georgia, 428 U. S. 153, 227 (1976), the imposition and carry ing out of the death penalty in this case constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. I would therefore grant certiorari in this case and vacate the judgment insofar as it leaves undisturbed the death sentence imposed.

Mr. Justice Marshall,

dissenting.

Because I consider the death penalty to be a cruel and unusual punishment forbidden by the Eighth and Fourteenth Amendments, see Gregg v. Georgia, 428 U. S. 153, 231 (1976) (Marshall, J., dissenting), I would grant certiorari in this case and vacate the judgment insofar as it leaves undisturbed the sentence of death.