KING v. LYNAUGH(1989)
The application for stay of execution of sentence of death presented to Justice White and by him referred to the Court is denied. The petition for a writ of certiorari to the United States Court of Appeals for the Fifth Circuit 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, 2950, 2973 (1976), we would grant the application for stay of execution and the petition for a writ of certiorari and vacate the death sentence in this case.[ King v. Lynaugh 489 U.S. 1093 (1989) ]