hitchcock
dugger
argued
october
decided
april
petitioner
convicted
murder
sentenced
death
separate
postconviction
proceeding
proceeding
trial
judge
instructed
advisory
jury
consider
refused
consider
evidence
mitigating
circumstances
specifically
enumerated
florida
death
penalty
statute
following
unsuccessful
appeals
state
federal
collateral
proceedings
petitioner
filed
application
writ
habeas
corpus
federal
district
claiming
advisory
jury
sentencing
judge
precluded
law
considering
evidence
nonstatutory
mitigating
circumstances
district
denied
application
appeals
affirmed
held
petitioner
sentenced
death
proceedings
comport
requirement
sentencer
may
neither
refuse
consider
precluded
considering
relevant
mitigating
evidence
skipper
south
carolina
eddings
oklahoma
lockett
ohio
circumstances
case
petitioner
death
sentence
stand
pp
reversed
remanded
scalia
delivered
opinion
unanimous
craig
barnard
argued
cause
petitioner
briefs
richard
jorandby
richard
burr
iii
sean
daly
assistant
attorney
general
florida
argued
cause
respondent
brief
jim
smith
attorney
general
richard
prospect
assistant
attorney
general
ira
reiner
harry
sondheim
john
van
de
kamp
attorney
general
california
michael
wellington
supervising
deputy
attorney
general
susan
lee
frierson
deputy
attorney
general
filed
brief
state
california
et
al
amici
curiae
urging
affirmance
justice
scalia
delivered
opinion
held
capital
cases
sentencer
may
refuse
consider
precluded
considering
relevant
mitigating
evidence
skipper
south
carolina
quoting
eddings
oklahoma
see
also
lockett
ohio
plurality
opinion
certiorari
granted
present
case
consider
petitioner
contention
sentenced
death
florida
statute
operated
manner
inconsistent
requirement
july
cynthia
driggers
strangled
death
time
murder
cynthia
petitioner
resided
richard
hitchcock
cynthia
stepfather
petitioner
brother
petitioner
initially
confessed
murder
stating
killed
cynthia
threatened
tell
parents
petitioner
engaged
consensual
sexual
intercourse
trial
murder
however
petitioner
recanted
testified
brother
richard
murdered
cynthia
finding
intercourse
state
contended
petitioner
sexually
assaulted
cynthia
murdered
avoid
discovery
petitioner
convicted
murder
sentenced
death
unsuccessful
appeals
state
federal
collateral
proceedings
filed
application
writ
habeas
corpus
district
middle
district
florida
argued
among
things
advisory
jury
sentencing
judge
precluded
law
considering
certain
evidence
mitigating
circumstances
introduced
additional
evidence
mitigating
circumstances
withheld
counsel
reasonable
belief
considered
florida
death
penalty
statute
district
denied
petitioner
application
without
granting
evidentiary
hearing
panel
eleventh
circuit
affirmed
eleventh
circuit
affirmed
en
banc
petition
followed
ii
petitioner
claims
advisory
jury
sentencing
judge
precluded
law
considering
evidence
mitigating
circumstances
florida
death
penalty
statute
effect
time
since
amended
various
respects
provided
separate
postconviction
proceedings
determine
whether
convicted
capital
felonies
sentenced
death
life
imprisonment
proceedings
typically
held
trial
jury
heard
evidence
matter
deem
ed
relevant
sentence
stat
hearing
evidence
jury
render
advisory
verdict
determining
hether
sufficient
aggravating
circumstances
exist
enumerated
hether
sufficient
mitigating
circumstances
exist
enumerated
outweigh
aggravating
circumstances
found
exist
ased
considerations
whether
defendant
sentenced
life
imprisonment
death
trial
weigh
aggravating
mitigating
circumstances
enter
sentence
life
imprisonment
death
imposed
sentence
death
required
set
forth
writing
findings
hat
sufficient
aggravating
circumstances
exist
enumerated
hat
insufficient
mitigating
circumstances
enumerated
outweigh
aggravating
circumstances
petitioner
argues
time
sentenced
provisions
authoritatively
interpreted
florida
prohibit
sentencing
jury
judge
considering
mitigating
circumstances
specifically
enumerated
statute
see
cooper
state
sole
issue
sentencing
hearing
section
florida
statutes
examine
case
itemized
aggravating
mitigating
circumstances
evidence
concerning
matters
sic
place
proceeding
cert
denied
respondent
contends
petitioner
misconstrued
cooper
pointing
florida
subsequent
decision
songer
state
per
curiam
expressed
view
cooper
prohibited
sentencers
considering
mitigating
circumstances
enumerated
statute
examination
sentencing
proceedings
actually
conducted
case
convinces
us
sentencing
judge
assumed
prohibition
instructed
jury
accordingly
need
reach
question
whether
fact
requirement
florida
law
note
however
florida
judges
conducting
sentencing
proceedings
roughly
period
believed
florida
law
precluded
consideration
nonstatutory
mitigating
circumstances
least
three
death
sentences
overturned
reason
see
songer
wainwright
en
banc
per
curiam
cert
pending
lucas
state
harvard
state
per
curiam
cert
denied
also
note
florida
legislature
since
removed
phrase
enumerated
statutory
list
provisions
requiring
advisory
jury
sentencing
judge
consider
mitigating
circumstances
see
stat
sentencing
phase
case
petitioner
counsel
introduced
advisory
jury
evidence
child
petitioner
habit
inhaling
gasoline
fumes
automobile
gas
tanks
passed
thereafter
mind
tended
wander
petitioner
one
seven
children
poor
family
earned
living
picking
cotton
father
died
cancer
petitioner
fond
affectionate
uncle
children
one
brothers
tr
advisory
sentence
argument
advisory
jury
petitioner
counsel
referred
various
considerations
subject
factual
dispute
making
sentence
death
inappropriate
petitioner
youth
time
murder
innocence
significant
prior
criminal
activity
violent
behavior
difficult
circumstances
upbringing
potential
rehabilitation
voluntary
surrender
authorities
although
petitioner
counsel
stressed
first
two
considerations
related
mitigating
circumstances
specifically
enumerated
statute
told
jury
reaching
sentencing
decision
look
overall
picture
consider
everything
together
consider
whole
picture
whole
ball
wax
contrast
prosecutor
told
jury
consider
mitigating
circumstances
consider
number
went
statutory
list
item
item
arguing
one
petitioner
youth
applicable
proceeding
deliberations
members
jury
told
trial
judge
instruct
factors
aggravation
mitigation
may
consider
law
instructed
mitigating
circumstances
may
consider
shall
following
listing
statutory
mitigating
circumstances
receiving
advisory
jury
recommendation
majority
vote
death
despite
argument
petitioner
counsel
take
account
testimony
concerning
petitioner
family
background
capacity
rehabilitation
sentencing
judge
found
insufficient
mitigating
circumstances
enumerated
florida
statute
outweigh
aggravating
circumstances
tr
sentencing
proceedings
emphasis
added
described
process
reached
sentencing
judgment
follows
determining
whether
defendant
sentenced
death
life
imprisonment
mandated
apply
facts
certain
enumerated
aggravating
mitigating
circumstances
record
emphasis
added
mitigating
circumstance
found
petitioner
youth
think
clearer
advisory
jury
instructed
consider
sentencing
judge
refused
consider
evidence
nonstatutory
mitigating
circumstances
proceedings
therefore
comport
requirements
skipper
south
carolina
eddings
oklahoma
lockett
ohio
plurality
opinion
respondent
made
attempt
argue
error
harmless
effect
jury
sentencing
judge
absence
showing
cases
hold
exclusion
mitigating
evidence
sort
issue
renders
death
sentence
invalid
see
skipper
supra
evidence
defendant
adapted
well
prison
life
eddings
supra
evidence
defendant
troubled
family
history
emotional
disturbance
cases
however
state
precluded
seeking
impose
death
sentence
upon
petitioner
provided
new
sentencing
hearing
petitioner
permitted
present
relevant
mitigating
evidence
available
skipper
supra
reverse
judgment
remand
case
appeals
instructed
remand
district
instructions
enter
order
granting
application
writ
habeas
corpus
unless
state
within
reasonable
period
time
either
resentences
petitioner
proceeding
comports
requirements
lockett
vacates
death
sentence
imposes
lesser
sentence
consistent
law
ordered
footnotes
section
provided
aggravating
circumstances
shall
limited
following
crime
committed
defendant
sentence
imprisonment
defendant
previously
convicted
felony
involving
use
threat
violence
defendant
knowingly
created
great
risk
death
many
persons
crime
committed
defendant
involved
commission
specified
felonies
crime
committed
purpose
avoiding
arrest
escaping
custody
crime
committed
pecuniary
gain
crime
intended
disrupt
government
enforcement
laws
crime
especially
heinous
atrocious
cruel
section
provided
mitigating
circumstances
shall
following
defendant
significant
history
prior
criminal
activity
crime
committed
defendant
influence
extreme
mental
emotional
disturbance
victim
participated
consented
crime
defendant
merely
accomplice
whose
participation
crime
relatively
minor
defendant
acted
duress
domination
capacity
defendant
appreciate
criminality
conduct
conform
conduct
requirements
law
substantially
impaired
age
defendant
time
crime