¶1concurring in part and concurring in the judgment.
¶2I join Part I of the per curiam opinion, on the understanding that petitioner makes no claim that death by lethal *121injection would be cruel and unusual under the Eighth Amendment. I do not reach any issue of the applicability of Teague v. Lane, 489 U. S. 288 (1989).
¶3dissenting.
¶4In my opinion the answer to the question whether a capital defendant may consent to be executed by an unacceptably torturous method of execution is by no means clear. I would not decide such an important question without full briefing and argument.
¶5I, therefore, respectfully dissent.