March 21, 1988
SMITH, FRANK LEE, PETITIONER
Sup. Ct. Fla. Reported below: 515 So. 2d 182.
Rehnquist, Brennan, White, Marshall, Blackmun, Stevens, O'Connor, Scalia, Kennedy
The petition for writ of certiorari to the Supreme Court of Florida 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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