concurring.
I agree that respondent’s lawyers rendered ineffective assistance of counsel in violation of the Sixth and Fourteenth Amendments. Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, see Gregg v. Georgia, 428 U. S. 153, 227 (1976) (dissenting opinion), I would hold that the State is precluded on remand from imposing a sentence of death.