July 3, 1989
JOHN FEARANCE, JR., PETITIONER
Ct. Crim. App. Tex. Reported below: 771 S.W. 2d 486.
Rehnquist, Brennan, White, Marshall, Blackmun, Stevens, O'Connor, Scalia, Kennedy
The application for stay of mandate presented to Justice White and by him referred to the Court is denied. 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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