June 28, 1990
MCKINNEY, RANDY L., PETITIONER
On Petitioner for Writ of Certiorari to the Supreme Court of Idaho. Reported below: 115 Idaho 1125, 772 P. 2d 1219.
Rehnquist, Brennan, White, Marshall, Blackmun, Stevens, O'Connor, Scalia, Kennedy. Justice Brennan and Justice Marshall dissenting.
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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