maynard
cartwright
argued
april
decided
june
respondent
disgruntled
married
couple
entered
couple
home
shot
wife
twice
shotgun
shot
killed
husband
slit
wife
throat
stabbed
twice
respondent
tried
oklahoma
found
guilty
murder
husband
jury
imposed
death
penalty
upon
finding
two
statutory
aggravating
circumstances
including
circumstance
murder
especially
heinous
atrocious
cruel
established
circumstances
outweighed
mitigating
evidence
oklahoma
criminal
appeals
affirmed
direct
appeal
later
affirmed
denial
state
collateral
relief
federal
district
denied
respondent
habeas
corpus
petition
appeals
reversed
holding
statutory
words
heinous
atrocious
cruel
face
offer
sufficient
guidance
jury
escape
strictures
furman
georgia
also
ruled
oklahoma
courts
adopted
limiting
construction
cured
infirmity
concluding
construction
utilized
state
appellate
simply
declared
facts
case
plainly
especially
heinous
atrocious
cruel
death
penalty
warranted
unconstitutionally
vague
eighth
amendment
federal
constitution
therefore
enjoined
execution
death
sentence
without
prejudice
state
proceedings
redetermination
sentence
held
applied
case
statutory
aggravating
circumstance
unconstitutionally
vague
pp
state
contention
factual
circumstances
may
plainly
characterize
killing
especially
heinous
atrocious
cruel
represents
improper
due
process
clause
approach
vagueness
fails
recognize
rationale
eighth
amendment
cases
furman
supra
progeny
proper
analysis
vagueness
claim
focuses
whether
challenged
aggravating
circumstance
adequately
informs
jury
must
find
order
impose
death
penalty
whether
leaves
jury
unchanneled
discretion
make
arbitrary
capricious
decision
godfrey
georgia
applied
analysis
controls
case
language
oklahoma
provision
gave
guidance
jury
outrageously
wantonly
vile
horrible
inhuman
language
held
unconstitutional
godfrey
moreover
oklahoma
addition
word
especially
limited
overbreadth
aggravating
factor
addition
outrageously
wantonly
word
vile
language
considered
godfrey
furthermore
state
appellate
factual
approach
construction
indistinguishable
action
georgia
godfrey
failed
cure
jury
unfettered
discretion
satisfy
eighth
amendment
pp
state
complaint
appeals
erroneously
ruled
torture
serious
physical
abuse
constitutionally
acceptable
limiting
construction
aggravating
circumstance
unfounded
since
although
noted
cases
requirement
held
curative
expressly
refrained
directing
state
adopt
particular
construction
contention
death
penalty
stand
jury
found
another
unchallenged
aggravating
circumstance
sufficient
sustain
sentence
also
unpersuasive
since
case
decided
oklahoma
procedure
attempting
save
death
penalty
one
several
aggravating
circumstances
found
jury
held
invalid
unsupported
evidence
simply
vacated
death
sentence
automatically
imposed
sentence
significance
case
state
appellate
decisions
issued
appeals
decision
adopt
limiting
construction
aggravating
circumstance
longer
automatically
set
aside
death
penalty
one
several
aggravating
circumstances
invalid
inapplicable
must
decided
first
instance
oklahoma
courts
proceedings
redetermination
appropriate
sentence
pp
white
delivered
opinion
unanimous
brennan
filed
concurring
opinion
marshall
joined
post
susan
stewart
dickerson
assistant
attorney
general
oklahoma
argued
cause
petitioners
briefs
robert
henry
attorney
general
david
lee
caroline
emerson
sandra
howard
assistant
attorneys
general
mandy
welch
appointment
argued
cause
filed
briefs
respondent
brief
amici
curiae
urging
reversal
filed
state
alabama
et
al
siegelman
attorney
general
alabama
ed
carnes
assistant
attorney
general
attorneys
general
respective
follows
robert
corbin
arizona
duane
woodard
colorado
james
jones
idaho
william
guste
louisiana
michael
moore
mississippi
william
webster
missouri
brian
mckay
nevada
stephen
merrill
new
hampshire
lacy
thornburg
north
carolina
roger
tellinghuisen
south
dakota
michael
cody
tennessee
david
wilkinson
utah
mary
sue
terry
virginia
joseph
meyer
wyoming
kenneth
stuart
gallant
filed
brief
roger
dale
hayes
amicus
curiae
urging
affirmance
richard
neuhoff
filed
brief
california
appellate
project
amicus
curiae
justice
white
delivered
opinion
may
eating
evening
meal
muskogee
county
oklahoma
home
hugh
charma
riddle
watched
television
living
room
point
riddle
left
living
room
proceeding
towards
bathroom
encountered
respondent
cartwright
standing
hall
holding
shotgun
struggled
gun
shot
twice
legs
man
recognized
disgruntled
proceeded
living
room
shot
killed
hugh
riddle
riddle
dragged
hall
bedroom
tried
use
telephone
respondent
however
entered
bedroom
slit
riddle
throat
stabbed
twice
hunting
knife
riddles
given
christmas
left
house
riddle
survived
called
police
respondent
arrested
two
days
later
charged
murder
respondent
tried
found
guilty
charged
state
relying
three
statutory
aggravating
circumstances
sought
death
penalty
jury
found
two
established
first
defendant
knowingly
created
great
risk
death
one
person
second
murder
especially
heinous
atrocious
cruel
okla
tit
finding
aggravating
circumstances
outweighed
mitigating
evidence
jury
imposed
death
penalty
oklahoma
criminal
appeals
affirmed
direct
appeal
cartwright
state
cert
denied
later
affirmed
denial
state
collateral
relief
cartwright
state
cert
denied
respondent
sought
federal
habeas
corpus
several
grounds
district
rejected
including
claim
death
sentence
invalid
rested
wholly
part
unconstitutional
aggravating
circumstance
namely
unconstitutionally
vague
overbroad
aggravating
circumstance
murder
especially
heinous
atrocious
cruel
panel
appeals
tenth
circuit
affirmed
rehearing
en
banc
granted
limited
claim
concerning
challenged
aggravating
circumstance
en
banc
recognized
jury
found
two
aggravating
circumstances
one
unchallenged
noted
cases
death
sentence
rested
part
invalid
aggravating
circumstance
oklahoma
courts
reweigh
aggravating
mitigating
circumstances
effort
save
death
penalty
rather
death
sentence
vacated
sentence
automatically
imposed
oklahoma
provision
curing
appeal
sentencer
consideration
invalid
aggravating
circumstance
therefore
necessary
consider
vagueness
challenge
one
aggravating
circumstances
proceeded
unanimously
sustained
challenge
stated
words
heinous
atrocious
cruel
face
offer
sufficient
guidance
jury
escape
strictures
judgment
furman
georgia
view
oklahoma
courts
adopted
limiting
construction
cured
infirmity
relied
upon
affirm
death
sentence
case
concluded
oklahoma
criminal
appeals
construction
aggravating
circumstance
unconstitutionally
vague
eighth
amendment
death
sentence
accordingly
held
invalid
execution
enjoined
without
prejudice
proceedings
state
redetermination
sentence
conviction
petitioner
sought
review
tenth
circuit
holding
aggravating
circumstance
unconstitutionally
vague
conflict
appeals
tenth
circuit
criminal
appeals
oklahoma
importance
constitutional
issue
orderly
proper
administration
state
statutes
granted
certiorari
limited
issue
affirm
judgment
appeals
appeals
care
reviewed
evolution
interpretation
especially
heinous
atrocious
cruel
aggravating
circumstance
oklahoma
criminal
appeals
including
decision
case
reading
cases
oklahoma
considered
attitude
killer
manner
killing
suffering
victim
relevant
sufficient
support
aggravating
circumstance
refused
hold
one
factors
must
present
murder
satisfy
aggravating
circumstance
rather
oklahoma
simply
reviewed
circumstances
murder
decided
whether
facts
made
aggravating
circumstance
ibid
normally
defer
courts
appeals
interpretation
state
law
see
reason
accept
appeals
statements
state
law
case
especially
since
state
challenge
reading
oklahoma
cases
state
however
takes
issue
appeals
conclusion
approach
also
employed
case
interpreting
applying
challenged
aggravating
circumstance
unconstitutional
insists
cases
factual
circumstances
plainly
characterize
killing
especially
heinous
atrocious
cruel
affirmance
death
penalty
proper
understand
argument
statutory
provision
governing
criminal
case
unconstitutionally
vague
circumstances
said
reasonable
certainty
fall
within
reach
language
issue
put
another
way
circumstances
reasonable
person
recognize
covered
statute
unconstitutionally
vague
even
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fail
give
adequate
notice
covered
circumstances
well
difficulty
state
argument
presents
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process
clause
approach
vagueness
fails
recognize
rationale
cases
construing
applying
eighth
amendment
objections
vagueness
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process
clause
rest
lack
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hence
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overcome
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persons
know
conduct
risk
vagueness
challenges
statutes
threatening
first
amendment
interests
examined
light
facts
case
hand
statute
judged
basis
powell
mazurie
palmer
city
euclid
per
curiam
national
dairy
claims
vagueness
directed
aggravating
circumstances
defined
capital
punishment
statutes
analyzed
eighth
amendment
characteristically
assert
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provision
fails
adequately
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juries
must
find
impose
death
penalty
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leaves
appellate
courts
kind
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held
invalid
furman
georgia
furman
held
georgia
capital
punishment
statute
applied
arbitrary
capricious
manner
principled
means
provided
distinguish
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penalty
stewart
concurring
white
concurring
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furman
cases
insisted
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sentencer
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death
penalty
fundamental
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wholly
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gregg
georgia
opinion
stewart
powell
stevens
jj
white
concurring
judgment
spaziano
florida
lowenfield
phelps
godfrey
georgia
relevant
applied
central
tenet
eighth
amendment
law
aggravating
circumstance
issue
permitted
person
sentenced
death
offense
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victim
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verdict
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murder
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affirming
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sentence
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language
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evidence
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finding
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victim
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sentence
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fact
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holding
godfrey
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case
first
language
oklahoma
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circumstance
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heinous
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guidance
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person
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godfrey
supra
likewise
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term
vile
limit
overbreadth
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factor
second
conclusion
oklahoma
events
recited
adequately
supported
jury
finding
indistinguishable
action
georgia
godfrey
failed
cure
unfettered
discretion
jury
satisfy
commands
eighth
amendment
oklahoma
relied
facts
cartwright
motive
getting
even
victims
lay
wait
murder
victim
heard
blast
wounded
wife
brutally
attacked
surviving
wife
attempted
conceal
deeds
attempted
steal
victims
belongings
conclusion
facts
jury
verdict
murder
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cruel
supportable
cure
constitutional
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circumstance
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complains
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ruled
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circumstance
must
construed
require
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physical
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imposed
requirement
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cases
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sufficed
validate
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circumstance
expressly
refrained
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state
adopt
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curative
construction
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circumstance
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also
hold
kind
torture
serious
physical
abuse
limiting
construction
heinous
atrocious
cruel
aggravating
circumstance
constitutionally
acceptable
state
also
insists
death
penalty
stand
jury
found
two
aggravating
circumstances
one
unchallenged
sufficient
sustain
sentence
case
decided
however
oklahoma
criminal
appeals
attempt
save
death
penalty
one
several
aggravating
circumstances
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jury
found
invalid
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circuit
said
provision
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consideration
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circumstance
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time
state
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appeals
faulted
undertaking
state
courts
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appeals
oklahoma
criminal
appeals
restricted
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circumstance
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torture
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physical
abuse
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state
time
decided
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aside
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penalty
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also
castro
state
cert
denied
significance
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appeals
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matter
state
courts
decide
first
instance
like
appeals
judgment
without
prejudice
proceedings
state
courts
redetermination
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sentence
judgment
appeals
affirmed
join
opinion
except
insofar
judgment
without
prejudice
sentencing
proceedings
expressly
preclude
reimposition
death
penalty
adhering
view
death
penalty
circumstances
cruel
unusual
punishment
prohibited
eighth
fourteenth
amendments
gregg
georgia
direct
resentencing
proceedings
circumscribed
state
may
reimpose
death
sentence