October 1, 1990
HIGHTOWER, JOHN, PETITIONER
Rehnquist, White, Marshall, Blackmun, Stevens, O'Connor, Scalia, Kennedy. Justice Marshall, dissents.
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 Fourteen 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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