January 17, 1989
GARDNER, DAVID ALLEN, PETITIONER
Ct. Crim. App. Tex. Reported below: 733 S.W. 2d 195.
Rehnquist, Brennan, White, Marshall, Blackmun, Stevens, O'Connor, Scalia, Kennedy
The petition for writ of certiorari is denied.
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 and Fourteenth Amendments, Gregg v. Georgia, 428 U.S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentence in this case.
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