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 the application for stay of execution and the petition for writ of mandamus and/or prohibition.

Application for stay of execution of sentence of death, presented to Justice O’Con-nor, and by her referred to the Court, denied. Petition for writ of mandamus and/or prohibition denied.