458 U.S. 1115
102 S.Ct. 3498
73 L.Ed.2d 1377
Daniel Joseph BAKER, petitioner,
Walter D. ZANT, Warden, Georgia Diagnostic and Classification Center
Supreme Court of the United States
June 28, 1982
Petition for writ of
certiorari to the Superior Court of Georgia, Butts County.
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, 96 S.Ct. 2909, 2971, 2973, 49 L.Ed.2d 859 (1976), we would grant certiorari and vacate the death sentence in this case.