Summary
holding state's failure to raise in district court arguments that petitioner had both failed to exhaust State remedies with regard to constitutional claim and waived that claim through procedural default barred state from prevailing on that claim in the Court of Appeals
Summary of this case from Brown v. DuggerOpinion
Nos. 83-6493, 84-6051, 84-6170.
March 18, 1985.
Sup. Ct. Miss.; Sup. Ct. Ga.; and Sup. Ct. Ariz. Certiorari denied. Reported below: No. 83-6493, 441 So. 2d 846; No. 84-6051, 253 Ga. 390, 321 S. E. 2d 710; No. 84-6170, 142 Ariz. 564, 691 P. 2d 655.
Adhering to our views 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, 231 (1976), we would grant certiorari and vacate the death sentences in these cases.