Rehearing Denied April 24, 1989.

See 490 U.S. 1042.

See 492 U.S. 939.

On petition for writ of certiorari to the Supreme Court of Illinois.

The petition for a writ of certiorari is denied.

Motion for Leave to File Second Petition for Rehearing Denied Aug. 30, 1989.

Justice MARSHALL, with whom Justice BRENNAN joins, 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, 231, 2973, 49 L. Ed.2d 859 (1976) (MARSHALL, J., dissenting), I would grant the petition for writ of certiorari and vacate the death sentence in this case. Even if I did not hold this view, I would grant the petition to consider whether a jury instruction that sympathy should not influence a decision regarding the imposition of the death penalty violates the Eighth and Fourteenth Amendments. [ Britz v. Illinois 489 U.S. 1044 (1989) ][1044-Continued.]

DeWayne C. Britz was convicted of murder, aggravated kidnaping, aggravated criminal sexual assault, armed ro