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 in order *1166to give the applicant time to file a petition for writ of certiorari, and would grant the petition and vacate the death sentence in this case.