On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit.

The application for stay of execution of the sentence of death presented [465 U.S. 1090, 1091] to JUSTICE WHITE and by him referred to the Court is denied. The application for certificate of probable cause is denied. The petition for writ of certiorari is denied.

Justice BRENNAN, with whom Justice MARSHALL joins, dissenting.

As I have recently explained, see Pulley v. Harris, --- U.S . ___, ___, 884, 78 L.Ed.2d ___ (1984) (BRENNAN, J., dissenting), there has been no change over the past ten years in the manner in which capital punishment is administered in this country that has in any way shaken my conviction that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, see Gregg v. Georgia, 428 U.S. 153, 227, 2950 (1976) (BRENNAN, J., dissenting). I would, therefore, grant the application for a stay of execution, grant certiorari, and vacate the death sentence.

Indeed, the particular circumstances of this case