WATERS v. KEMP 475 U.S. 1039 (1986)

The petition for a writ of certiorari to the Supreme Court of Georgia is denied.

Justice BRENNAN, 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 , [475 U.S. 1039 , 1040]   227, 2950 (1976), I would grant certiorari and vacate the death sentence in this case.

Justice MARSHALL and Justice BLACKMUN would grant the petition for a writ of certiorari, vacate the judgment and remand the case to the Supreme Court of Georgia for further consideration in light of Caldwell v. Mississippi, 472 U.S. 320 (1985).