October 9, 1990
SPENCER, TIMOTHY W., PETITIONER
Rehnquist, White, Marshall, Blackmun, Stevens, O'Connor, Scalia, Kennedy. Justice Marshall dissenting. Justice Souter took no part in the consideration or decision of this petition.
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 Fourteenth Amendments, Gregg v. Georgia, 428 U.S. 153, 231 (1976), I would grant certiorari and vacate the death sentence in this case.
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