428 U.S.

923
96 S.Ct. 3234
49 L.Ed.2d 1226

Gary Eldon ALVORD, petitioner

v.
FLORIDA
No. 75-6596.

Supreme Court of the United States

July 6, 1976

Rehearing Denied Oct. 4, 1976. See 429 U.S. 874, 97 S.Ct. 195. Petition
for writ of certiorari to the Supreme Court of Florida. Denied.
Mr. Justice BRENNAN and Mr. Justice MARSHALL, dissenting.

Petitioner contends that he was unconstitutionally convicted because a

statement he made during in-custody interrogation was admitted in evidence
during the prosecution's case-in-chief, despite the absence of any warning to
petitioner that if he could not afford an attorney one would be appointed to
represent him before questioning. See Miranda v. Arizona, 384 U.S. 436, 86
S.Ct. 1602, 16 L.Ed.2d 694 (1966). On the record in this case, we would grant
certiorari and set case for oral argument. In any event, the imposition and
carrying out of the death penalty in this case constitutes cruel and unusual
punishment in violation of the Eighth and Fourteenth Amendments. Gregg v.
Georgia, 428 U.S. 153, 227, 96 S.Ct. 2971, 49 L.Ed.2d 904 (1976) (Brennan,
J., dissenting); id., at 231, 96 S.Ct. 2973 (Marshall, J., dissenting). We would
therefore grant certiorari and vacate judgment in this case insofar as it leaves
undisturbed the death sentence imposed.