824 F.2d 847, vacated and remanded.

Susan V. Boleyn, Senior Assistant Attorney General of Georgia, argued the cause for petitioner. With her on the briefs were Michael J. Bowers, Attorney General, Marion O. Gordon, First Assistant Attorney General, and William B. Hill, Jr., Senior Assistant Attorney General.

John Charles Boger argued the cause for respondent. With him on the brief were Daniel J. Givelber and Julius L. Chambers.*

[Footnote *] Kent S. Scheidegger filed a brief for the Criminal Justice Legal Foundation as amicus curiae urging reversal.

PER CURIAM.

The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Teague v. Lane, ante, p. 288.

JUSTICE BRENNAN, concurring.

While I concur in the disposition of this case, I share JUSTICE BLACKMUNs concern as to whether petitioner should be permitted to raise the retroactivity issue at this point in the proceedings. In my view this is a matter for the Court of Appeals to address in the first instance, when it reconside