Sonnier v. Maggio

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 *933and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 158, 227, 281 (1976), we would grant the application for stay, grant certiorari, and vacate the death sentence in this case.