Cabana v. Bullock , 106 S. Ct. 689 ( 1986 )

Justice Brennan,

dissenting.

Although I join Justice Blackmun’s and Justice Stevens’ dissents, I adhere 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) (Brennan, J., dissenting). Accordingly, I would vacate the death sentence and remand the case so that the state court can determine what sentence-other than death — may be appropriate.