Lead Opinion
Sup. Ct. Ohio; and
Sup. Ct. Ala. Certio-rari denied.
Dissenting Opinion
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, 227 (1976), I would grant certiorari and vacate the death sentences in these cases.
Dissenting Opinion
with whom Justice Brennan joins, dissenting in No. 86-5307.
In this case, the Ohio Supreme Court rejected petitioner’s claim that a statutory aggravating factor that repeats an element of the crime is unconstitutional because it fails to narrow the class of persons eligible for the death penalty. This decision is consistent with Wingo v. Blackburn, 783 F. 2d 1046, 1051 (CA5 1986), cert. pending, No. 86-5026, but in conflict with Collins v. Lockhart, 754 F. 2d 258, 263-264 (CA8), cert. denied, 474 U. S. 1013 (1985). I would grant certiorari to resolve this conflict.
Dissenting Opinion
dissenting.
In these cases, petitioners’ death sentences were founded on statutory aggravating factors that repeat elements of the underlying capital offenses. For reasons stated in Wiley v. Mississippi, 479 U. S. 906 (1986) (Marshall, J., dissenting from denial of cer-tiorari), I would grant the petitions for review.