October 1, 1990
MOORE, DEWEY, PETITIONER
Rehnquist, White, Marshall, Blackmun, Stevens, O'Connor, Scalia, Kennedy.
The petition for writ of certiorari is denied.
Justice Marshall dissenting:
Adhering to my view 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, 231 (1976), I would grant the petition and vacate the death sentence in this case.
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