lambrix singletary secretary florida department corrections argued january decided may held although question whether federal resolve claim procedural bar considering claim teague bar previously presented opinions particularly coleman thompson suggest procedural bar issue ordinarily considered first nonetheless chooses resolve case procedural bar ground lambrix asserts several reasons procedural bar apply validity appropriately determined lower federal courts familiar procedural practices sit rather prolong litigation remand proceeds decide question presented pp prisoner whose conviction became final espinosa foreclosed relying decision federal habeas proceeding pp apply teague federal habeas must determine date defendant conviction became final survey legal landscape existed date determine whether state considering defendant claim felt compelled existing precedent conclude rule defendant seeks constitutionally required consider whether relief sought falls within one two narrow exceptions nonretroactivity pp survey legal landscape date lambrix conviction became final shows espinosa dictated existing precedent announced new rule defined teague significant espinosa supra cited single case support central conclusion baldwin alabama introduced lone citation cf introductory signal indicating authority supports point dictum analogy baldwin page espinosa cites defendant espinosa like argument conceivably might merit circumstances present case decisions relied heavily lambrix godfrey georgia maynard cartwright clemons mississippi dictate result ultimately reached espinosa rather close examination florida death penalty scheme light cases proffitt florida joint opinion white concurring judgment spaziano florida indicates reasonable jurist considering matter time lambrix sentence became final reached result different espinosa conclusion confirmed walton arizona fact espinosa handed per curiam without oral argument insignificant since decision followed three weeks sochor florida identical issue fully briefed argued decided jurisdictional reasons pp espinosa new rule fall within either exceptions nonretroactivity doctrine first exception plainly application since espinosa neither decriminalizes class conduct prohibits imposition capital punishment particular class persons saffle parks lambrix contend second exception watershed rules criminal procedure implicating criminal proceeding fundamental fairness accuracy applies espinosa errors sawyer smith makes clear pp affirmed scalia delivered opinion rehnquist kennedy souter thomas joined stevens filed dissenting opinion ginsburg breyer joined filed dissenting opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions wash ington typographical formal errors order corrections may made preliminary print goes press cary michael lambrix petitioner harry singletary secretary florida department corrections writ certiorari appeals eleventh circuit may justice scalia delivered opinion granted certiorari case consider whether prisoner whose conviction became final decision espinosa florida foreclosed relying decision federal habeas corpus proceeding announced new rule defined teague lane february cary michael lambrix girlfriend francis smith met clarence moore aleisha bryant local tavern two couples returned lambrix trailer dinner lambrix killed moore bryant brutal fashion lambrix convicted two counts first degree murder sentencing phase trial jury rendered advisory verdict recommending trial sentence lambrix death counts trial finding five aggravating circumstances connection murder moore four aggravating circumstances connection murder bryant mitigating circumstances either murder sentenced lambrix death counts lambrix conviction sentence upheld direct appeal theflorida lambrix state florida courts denied repeated efforts obtain collateral relief lambrix dugger lambrix state lambrix state lambrix filed petition writ habeas corpus pursuant district southern district florida rejected claims lambrix appeal pending appeals eleventh circuit decided espinosa florida held sentencing judge weighing state state requires specified aggravating circumstances weighed mitigating circumstances sentencing phase capital trial required give deference jury advisory sentencing recommendation neither jury judge constitutionally permitted weigh invalid aggravating circumstances since florida state since one lambrix claims sentencing jury improperly instructed especially heinous atrocious cruel hac aggravator espinosa obvious relevance habeas petition rather address issue first instance however eleventh circuit held proceedings abeyance permit lambrix present espinosa claim florida state courts florida rejected lambrix espinosa claim without considering merits ground claim procedurally barred lambrix singletary explained although lambrix properly preserved espinosa objection trial requesting limiting instruction hac aggravator failed raise issue direct appeal florida also rejected lambrix claimthat procedural bar excused appellate counsel ineffective failing raise forfeited issue explaining claim procedurally barred event meritless florida entered judgment lambrix eleventh circuit adjudicated habeas petition without even acknowledging procedural bar expressly raised argued state appeals proceeded address espinosa claim determined espinosa announced new rule applied retroactively federal habeas teague lane granted certiorari turning question presented case pause consider state contention lambrix espinosa claim procedurally barred failed contend jury instructed vague hac aggravator direct appeal florida according state florida consistently required espinosa issue must objected trial pursued direct appeal order reviewed postconviction proceedings brief respondent citing chandler dugger jackson dugger henderson singletary cert denied coleman thompson reaffirmed review question federal law decided state decision rests state law ground independent federal question adequate support judgment see also harris reed fact lack jurisdiction review independently supported judgments direct appeal since state law determination sufficient sustain decree opinion federal question purely advisory herb pitcairn see also sochor florida independent adequate state ground doctrine technically jurisdictional federal considers state prisoner petition habeas corpus pursuant since federal formally reviewing judgment determining whether prisoner custody violation constitution laws treaties nonetheless held doctrine applies bar consideration federal habeas federal claims defaulted state law coleman supra see also wainwright sykes discussing brown allen ex parte spencer harris supra application independent adequate state ground doctrine federal habeas review based upon equitable considerations federalism comity ensures interest correcting mistakes respected federal habeas cases coleman habeas petitioner failed meet state procedural requirements presenting federal claims deprived state courts opportunity address claims first instance ibid independent adequate state ground doctrine applied federal district appeals able review claims unable consider direct review see never occasion consider whether afederal resolve state contention petitioner claim procedurally barred considering whether claim teague barred opinions however particularly coleman certainly suggest procedural bar issue ordinarily considered first speculated oral argument appeals may resolved teague issue without first considering procedural bar opinions stated teague retroactivity decision made threshold matter penry lynaugh caspari bohlen simply means however teague issue addressed considering merits claim mean teague inquiry antecedent consideration general prerequisites federal habeas corpus unrelated merits particular claim requirement petitioner custody see state judgment based independent adequate state ground constitutional issues generally avoided even cursory review new rule cases reveals including discussion part iv infra teague inquiry requires detailed analysis federal constitutional law see sawyer smith penry supra gilmore taylor saffle parks somewhat puzzled eleventh circuit held proceedings abeyance petitioner brought claim state much mention florida determination lambrix espinosa claim procedurally barred state florida raised point district appeals going far reiterate postjudgment motion modification opinion appeals reprinted app state procedural rules vital importance orderly administration criminal courts federal permits readily evaded undermines criminal justice system mean suggest procedural bar issue must invariably resolved first ordinarily judicial economy might counsel giving teague question priority example easily resolvable habeas petitioner whereas procedural bar issue involved complicated issues state law cf permitting federal deny habeas petition merits notwithstanding applicant failure exhaust state remedies despite puzzlement appeals failure resolve case basis procedural bar hesitate resolve basis lambrix asserts several reasons claim procedurally barred seem us insubstantial may repeatedly recognized courts appeals district courts familiar procedural practices regularly sit see rummel estelle county ulster cty allen rather prolong litigation remand proceed decide case teague grounds appeals used florida employs three stage sentencing procedure first jury weighs statutorily specified aggravating circumstances mitigating circumstances renders advisory sentence either life imprisonment death stat second trialcourt weighs aggravating mitigating circumstances enters sentence life imprisonment death latter findings must set forth writing jury advisory sentence entitled great weight trial determination tedder state independent obligation determine appropriate punishment ross state third florida automatically reviews cases defendant sentenced death lambrix jury instructed five aggravating circumstances recommended sentenced death murder trial found five aggravating circumstances moore murder four bryant including murder especially heinous atrocious found mitigating circumstances either murder concluded aggravating circumstances outweighed mitigating sentenced lambrix death count app although lambrix failed raise claims concerning sentencing procedure direct appeal florida agreed trial findings aggravating circumstances lambrix state lambrix contends jury consideration hac aggravator violated eighth amendment jury instructions concerning circumstance failed provide sufficient guidance limit jury discretion like eleventh circuit see assume arguendo lambrix contends heart present case trial independent weighing cure error prior opinion espinosa florida state contended lambrix entitled relief sentencing judge properly found weighed narrowed hacaggravator espinosa however established principle weighing state requires sentencing trial judge give deference jury advisory recommendation neither judge jury constitutionally permitted weigh invalid aggravating circumstances lambrix seeks benefit principle state contends constitutes new rule teague thus relied federal habeas corpus proceeding teague held general new constitutional rules criminal procedure applicable cases become final new rules announced apply teague federal engages three step process first determines date upon defendant conviction became final see caspari bohlen second must urve legal landscape existed graham collins determine whether state considering defendant claim time conviction became final felt compelled existing precedent conclude rule seeks required constitution saffle parks caspari supra finally determines habeas petitioner seeks benefit new rule must consider whether relief sought falls within one two narrow exceptions nonretroactivity see gilmore taylor lambrix conviction became final november time filing petition certiorari expired thus first principal task survey legal landscape date determine whether rule later announced espinosa dictated existing precedent whether unlawfulness lambrix conviction apparent reasonable jurists see graham butler mckellar brennan dissenting espinosa determined florida capital jury important respect co sentencer judge explained florida essentially split weighing process two initially jury weighs aggravating mitigating circumstances result weighing process turn weighed within trial process weighing aggravating mitigating circumstances concluded jury consideration vague aggravator tainted trial sentence trial gave deference jury verdict thus indirectly weighed vague aggravator course weighing aggravating mitigating circumstances ibid reasoned indirect weighing created risk arbitrariness direct weighing invalid aggravating factor ibid view espinosa dictated precedent announced new rule used basis federal habeas corpus relief significant espinosa purport rely upon controlling precedent opinion cited single case baldwin alabama support central conclusion indirect weighing invalid aggravator creates potential arbitrariness direct weighing invalid aggravator espinosa introduced lone citation cf introductory signal shows authority supports point dictum analogy one controls dictates result baldwin contains evidence espinosa set forth new rule baldwin considered constitutionality alabama death sentencing scheme jury required fix punishment death found defendant guilty aggravated offense whereupon trial conduct sentencing hearing determine sentence death life imprisonment defendant contended jury mandatory sentence unconstitutional standing alone see woodson north carolina plurality opinion impermissible trial consider verdict determining sentence reach contention concluded alabama law jury verdict formed part trial judge sentencing calculus noted however page opinion espinosa cited defendant argument conceivably might merit judge actually required consider jury sentence recommendation sentence jury believed appropriate cf proffitt florida judge obligated accord deference baldwin emphasis added see also express ing view point highly tentative expression far showing baldwin dictate result espinosa see sawyer smith suggests opposite indeed baldwin chief justice believed alabama scheme contemplate trial judge consider jury sentence nonetheless held scheme constitutional opinion concurring judgment decisions relied upon heavily petitioner godfrey georgia maynard cartwright clemons mississippi godfrey held georgia outrageously wantonly vile horrible inhuman aggravator impermissibly vague reasoning nothing words outrageously wantonly vile horrible inhuman implies inherent restraint arbitrary capricious infliction death sentence concluded terms alone gave jury noguidance plurality opinion similarly maynard cartwright applied retroactively february stringer black held oklahoma hac aggravator identically worded florida hac aggravator impermissibly vague statute gave guidance vague aggravator issue godfrey sentencing jury given limiting instruction although godfrey maynard support proposition vague aggravators must sufficiently narrowed avoid arbitrary imposition death penalty cases others demonstrate failure instruct sentencing jury properly respect aggravator automatically render defendant sentence unconstitutional repeatedly indicated sentencing jury consideration vague aggravator cured appellate review thus godfrey less concerned failure instruct jury properly georgia failure narrow facially vague aggravator appeal georgia applied narrowing construction aggravator rejected eighth amendment challenge godfrey death sentence notwithstanding failure instruct jury narrowing construction godfrey supra likewise maynard stressed vague hac aggravator sufficiently limited appeal oklahoma criminal appeals cure unfettered discretion jury reached similar conclusion clemons mississippi applied retroactively february stringer clemons considered question whether sentencer weighing vague hac aggravator rendered sentence unconstitutional weighing state sentencing jury clemons maynard givena hac instruction unconstitutionally vague held federal constitution prevent state appellate upholding death sentence based part invalid improperly defined aggravating circumstance either reweighing aggravating mitigating evidence harmless error review clemons see also stringer principles described cases dictate result ultimately reached espinosa florida unlike oklahoma see maynard supra given facially vague hac aggravator limiting construction sufficient satisfy constitution see proffitt florida joint opinion stewart powell stevens jj white concurring judgment thus unlike sentencing juries clemons maynard godfrey instructed properly limited aggravator sentencing trial judge espinosa find hac aggravator properly limited construction see espinosa citing walton arizona closeexamination florida death penalty scheme persuades us reasonable jurist considering lambrix sentence reached conclusion different one espinosa announced least three different somewhat related approaches suggested different outcome mere cabining trial discretion avoid arbitrary imposition death penalty thus avoid unconstitutionality proffitt florida supra upheld florida death penalty scheme contention resulted arbitrary imposition death penalty see gregg georgia trial judges given specific detailed guidance assist deciding whether impose death penalty imprisonment life florida reviewed sentences consistency proffitt supra joint opinion stewart powell stevens jj opinion white joined chief justice rehnquist proffitt incidentally jury instructed appropriately narrowed hac aggravator see proffitt wainwright cert denied said proffitt en banc eleventh circuit noted sensibly follow judge proper review sentence cures risk arbitrariness occasioned jury consideration unconstitutionally vague aggravating circumstance glock singletary cert denied argued course dissent contends see post prior constitutional error sentencing determining jury make difference conclusion premise argument debatable whether make difference even succeeding point demonstrates whether constitutional error sentencing determining jury error trial judge cure since florida law trial jury sentencer espinosa concluded effect jury least part co sentencer along trial determination fairly traced opinion sochor florida decided three weeks earlier explained florida law trial least constituent part sentencer implying jury well characterization considerable tension pre view proffitt example considering tedder state espinosa primarily relied determined trial sentencer joint opinion stewart powell stevens jj actual sentence determined trial judge emphasis added trial sentencing authority florida sentence determined judge rather jury white concurring judgment even distinguished florida scheme georgia scheme grounds florida sentence determined trial judge rather jury joint opinion emphasis added eight years later two years petitioner conviction became final continued describe judge sentencer see spaziano florida see also barclay florida plurality opinion stevens concurring judgment although believes jury co sentencer time lambrix conviction became final justice stevens explained sentencing authority jury georgia judge florida ibid unreasonable rely said proffitt spaziano barclay trial sentencer conclude sentencer considered properly narrowed aggravators simply error godfrey maynard florida eleventh circuit held precisely see smalley state bertolotti dugger cert denied eleventh circuit foresaw possibility holding spaziano reasoning calls question whether given error merely advisory proceeding considered constitutional magnitude proffitt wainwright trial weighing properly narrowed aggravators mitigators sufficiently independent jury cure error jury consideration vague aggravator although florida interpreted statute provided judge sentencer stat jury rendered merely advisory sentence requiring trial judge give great weight jury advisory recommendation tedder state supra nonetheless emphasized trial must independently weigh evidence aggravation mitigation nder combination circumstances th jury recommendation usurp judge role limiting discretion eutzy state cert denied one case florida vacated sentence thetrial given undue weight jury recommendation death make independent judgment whether death penalty imposed ross state emphasis added spaziano florida supra acknowledged florida trial conducts weighing aggravating mitigating circumstances egardless jury recommendation trial judge required conduct independent review evidence make findings regarding aggravating mitigating circumstances emphasis added see also proffitt supra given precedents reasonable think trial review least constitute sort reweighing satisfy clemons mississippi see also stringer fact given view members appellate reweighing inconsistent eighth amendment see cabana bullock blackmun dissenting joined brennan marshall jj clemons supra blackmun joined brennan marshall stevens concurring part dissenting part reasonable think trial reweighing preferable one appeals prompted note clemons holding arguably points opposite direction espinosa indicates even espinosa result dictated precedent glock singletary en banc espinosa announced new rule strongly confirmed decision walton arizona although decided petitioner conviction became final walton particularly good proxy reasonable jurist thought given relevant cases decided interim maynard clemons holdings later held compelled law see stringer supra walton rejected claim arizona hac aggravator failed sufficiently channel sentencer discretion summarizing godfrey maynard explained neithercase state appellate reviewing propriety death sentence purport affirm death sentence applying limiting definition said crucial conclusion reached maynard walton supra reasoning suggests even following maynard weighing state death sentence satisfy eighth amendment long vague aggravator narrowed point process additionally course opinion characterized clemons follows ven trial judge fails apply narrowing construction implies improper construction constitution necessarily require state appellate vacate death sentence based factor rather held clemons mississippi state appellate may determine whether evidence supports existence aggravating circumstance properly defined may eliminate consideration factor altogether determine whether remaining aggravating circumstances sufficient warrant death penalty walton emphasis added dissent devoted making forceful case espinosa reasonable interpretation prior law perhaps even reasonable one teague inquiry applied decisions one must hope usually reasonable interpretation prior law requires asks whether espinosa dictated precedent whether interpretation reasonable think plain jurist considering relevant material like dissent considering material favors espinosa result reasonably reached conclusion contrary holding case indeed lambrix conviction became final every decision aware see smalley state proffitt wainwright bertolotti dugger sanchez velasco state cert denied suggested espinosa new rule decision handed per curiam without oral argument see glock singletary en banc tjoflat dissenting whatever inference established law summary per curiam disposition might normally carryis precluded peculiar circumstances surrounding summary per curiam espinosa three weeks prior issuance espinosa decided case raised identical issue issue fully briefed argued found without jurisdiction decide point however defendant failed preserve objection state courts see sochor florida obvious face matter espinosa technical sense unargued case used case pending petition certiorari sochor decided vehicle resolving fully argued point without consuming additional resources since determined espinosa announced new rule teague remains task determining whether new rule nonetheless falls within one two exceptions nonretroactivity doctrine first exception permits retroactive application new rule rule places class private conduct beyond power state proscribe see teague addresses substantive categorical guarante accorded constitution rule prohibiting certain category punishment class defendants status offense saffle parks quoting penry lynaugh plainly exception application case espinosa neither decriminalize class conduct prohibit imposition capital punishment particular class persons second exception watershed rules criminal procedure implicating fundamental fairnessand accuracy criminal proceeding ibid quoting teague lambrix contend exception applies espinosa errors opinion sawyer smith makes quite clear reasons stated judgment appeals eleventh circuit affirmed cary michael lambrix petitioner harry singletary secretary florida department corrections writ certiorari appeals eleventh circuit may justice stevens justice ginsburg two propositions law supported holding espinosa florida first capital sentencing proceeding state sentencer weighs aggravating mitigating circumstances eighth amendment violated jury instruction fails define especially heinous atrocious cruel hac aggravating circumstance second florida sentencing proceeding trial must give great weight jury recommendation whether life death reasons concluded espinosa constitutional error taints jury recommendation presumptively taints judge sentence well ibid two propositions supporting espinosa holding well established case decided first proposition dates back decided godfrey georgia second announced florida tedder state thus agree chief judge tjoflat per curiam opinion espinosa amounted nothing application well settled principles declaring florida hac instruction unconstitutional simply applied law announced initially godfrey later reaffirmed maynard cartwright conclusion invalid instruction may tainted jury death penalty recommendation trial judge sentence merely acknowledged florida holding years glock singletary tjoflat dissenting today reaches conclusion espinosa announced new rule placing novel interpretation holding majority apparently construes espinosa holding constitutional error jury instruction automatically render unconstitutional ante suggests holdings godfrey maynard clemons mississippi appellate cure sentencing jury weighing invalid aggravator might led reasonable jurist road different one followed espinosa holding trial judge sentence may infected jury consideration invalid aggravating factor espinosa address entirely separate question whether jury error cured considered harmless either trial appellate level indeed subsequent proceedings florida conclude error espinosa case harmless upheld sentence death see espinosa state ruling espinosa hac instruction claim procedurally barred challenged hac factor rather instruction alternatively error instruction harmless beyond reasonable doubt cert denied affirmed espinosa sentence decision espinosa create new rule forbidding trial courts curing jury error rather held weighing state decides place capital sentencing authority two actors rather one neither actor must permitted weigh invalid aggravating circumstances holding logical consequence applying godfrey florida sentencing scheme sinuous difficult follow argument suggests three hypothetical propositions law somehow demonstrate narrow holding espinosa dictated godfrey tedder first posits reasonable jurist might believed mere cabining trial discretion alone enough avoid constitutional error ante emphasis omitted critical part cabining however florida requirement properly instructed jury must opportunity recommend life sentence judge must give great weight recommendation role jury provide one cabin four walls fact three walls remain standing hardly excuses error removed wall represented jury recommendation time petitioner sentencing florida recognized jury critical role error occurred jury hesitate remand resentencing even trial judge claimed unaffected error example messer state state remanded resentencing trial failed allow jury consider certain mitigating evidence rejected argument trial subsequent weighing mitigating evidence cured error florida scheme concluded one checks balances input jury serves integral part ibid holding proffitt florida plurality opinion florida sentencing scheme facially unconstitutional suggest otherwise determined state sentencing procedure provided adequate safeguards arbitrary imposition death sentence part procedures followed bythe trial judge fixing sentence focus adequacy guidance provided sentencing scheme accordingly need extensively examine discuss judge relationship jury florida decisions like tedder second simply ignoring reasoning tedder suggests error trial judge cure since florida law trial jury sentencer ante course true judge imposes sentence receiving jury recommendation never meant constitutional error proceedings jury simply irrelevant cf messer state supra justice rehnquist noted well settled florida law jury makes recommendation life imprisonment trial judge may impose death sentence unless facts suggesting sentence death clear convincing virtually reasonable person differ tedder state barclay florida plurality opinion similarly trial judge disturb jury recommendation death unless appear strong reasons believe reasonable persons agree recommendation see leduc state cert denied given vacuous argue prior references judge sentencer somehow imply error jury affect ultimate sentence equally vacuous suggest thatour conclusion espinosa jury least part co sentencer source case decided three weeks earlier ante citing sochor florida earlier case cited tedder explaining jury constituent element sentencer trial judge render wholly independent judgment must accord deference jury recommendation sochor third suggests trial weighing properly narrowed aggravators migrators sufficiently independent jury cure error jury consideration vague aggravator ante emphasis omitted suggestion doubly flawed given judge instruction jury failed narrow hac aggravator reason believe appropriately narrowed factor deliberations importantly even apply limiting definition sentencing decision made without benefit untainted recommendation jury florida law simply resentenced petitioner without regard jury tainted recommendation one simply conclude error made practical difference petitioner sentence nothing record suggest jury recommended life sentence judge found facts suggesting sentence death clear convincing virtually reasonable person differ tedder requires finds statements incases like walton arizona state appellate may affirm death sentence resulting unconstitutionally broad aggravator applying limiting definition suggest espinosa new rule majority analysis confuses appellate application limiting definition appellate review trial judge deference tainted jury recommendation judge case indicate applying limiting definition hac factor way curing discounting error jury instruction time petitioner sentencing given godfrey tedder rendered petitioner death sentence constitutionally defective matter logic law nothing new espinosa holding jury plays central role florida capital sentencing scheme moreover statistics previously summarized demonstrate equally clear matter fact erroneous instructions jury sentencing phase trial may make difference life death sochor florida respectfully dissent cary michael lambrix petitioner harry singletary secretary florida department corrections writ certiorari appeals eleventh circuit may justice dissenting although agree much reasoning set forth part ii opinion disagree disposition case instead vacate judgment appeals remand case appeals might consider procedural bar issue first instance holds general practice federal habeas consider whether relief habeas petitioner requests new rule teague lane resolving state argument claim procedurally barred ante usually federal habeas contentions petitioner claim barred state procedural grounds petitioner seeks rely new rule teague consider teague question procedural bar issue resolved petitioner favor recognizes addressing procedural bar issue first avoids unnecessary consideration constitutional questions accords fitting respect state procedural rules indispensable administration criminal justice system ante much opinion agree course may exceptions rule procedural bar issue resolved first one case might procedural bar question excessively complicated teague issue easily resolved appeals gave reason failure consider florida determination petitioner claim based espinosa florida procedurally barred indeed appeals even discuss state holding let alone decide resolution procedural bar issue inappropriate case see reason think resolution procedural bar question especially troublesome see reason appeals failure give priority state argument independent adequate state ground barred petitioner espinosa claim accordingly remand case appeals resolve procedural bar issue points appeals better suited evaluating matters state procedure ante view premature address state contention petitioner espinosa claim barred teague grounds nevertheless since reaches question wish express agreement justice stevens resolution teague issue footnotes lambrix also contends trial failed apply properly narrowed hac aggravator decline consider contention fairly within question presented asked whether teague lane bars relief based upon espinosa florida pet cert see rule description holding espinosa preceding paragraph text clear loss explain dissent impression accord espinosa novel interpretation constitutional error jury instruction automatically render defendant sentence unconstitutional post quoting infra sentence phrase quoted dissent wrenched violently word precedes omitted discussing holding espinosa indeed even mention espinosa theentire paragraph previous subsequent paragraphs dissent maintains statement proven wrong espinosa citation godfrey georgia tedder state post wordplay two cases called controlling authority sense two propositions established instruction sentencing jury fails define hac aggravator violates eighth amendment florida sentencing judge must give great weight jury recommendation among givens decision espinosa derived assuredly controlling authority sense obviously intend compel outcome espinosa answer definitive question whether jury advisory verdict taints trial sentence whether indirect weighing invalid factor creates potential arbitrariness direct weighing dissent says iven judge instruction jury failed narrow hac aggravator reason believe trial judge appropriately narrowed hac factor deliberations post cases establish always reason believe consider fully adequate trial judges presumed know law apply making decisions state narrowed definition hac aggravating circumstance presume state trial judges applying narrower definition walton arizona without abandoning precedent dissent argue ordinary presumption overcome failure instruct factual support argument questionable judges fail instruct juries rules law aware time moreover argument correct holding espinosa unnecessary simply said dissent us say failure instruct narrowing construction displayed judge ignorance narrowing construction instead course espinosa cited passage walton quoted espinosa dissent accuses us simply ignoring reasoning tedder post course done see supra dissent however fails discuss indeed even mention cases interpreting tedder contradict dissent view cases florida repeatedly emphasizing trial judge obligation make independent assessment weighing aggravating mitigating circumstances dissent relies example upon florida decision riley wainwright see post decision rendered lambrix conviction became final hence technically relevant subsequent case florida summarized jurisprudence follows case law contains many instances trial judge override jury recommendation life upheld notwithstanding jury recommendation whether life imprisonment death judge required make independent determination based aggravating mitigating factors moreover procedure previously upheld constitutional challenge grossman state emphasis added citations omitted clear prosecutor correctly stated law florida judge sentencing authority jury role merely advisory burden course establish statements grossman cases rely upon accurate later determined wrong dissent current reading tedder correct question us whether reasonable jurist disagreed dissent interpretation tedder time lambrix conviction treating relevant question portion precedent vindicated later decisions dissent endues jurist prescience reasonableness stringer black souter dissenting dissent thus simply wrong stating confused appellate application limiting construction trial deference tainted jury recommendation see post walton indicated precedents provided two distinct permissible routes satisfy eighth amendment thesentencer considered vague aggravator finding aggravator proper limiting construction independent reweighing circumstances godfrey course held georgia outrageously wantonly vile horrible inhuman aggravating factor failed adequately channel jury discretion see godfrey found heinous atrocious cruel aggravator unconstitutional maynard cartwright subsequently noted application godfrey hac instruction create new rule see stringer black two controlling precedents cited espinosa opinion provided sufficient support holding thus simply mistaken asserts espinosa purport rely upon controlling precedent ante tedder course isolated decision riley wainwright state put point succinctly jury recommendation upon judge must rely results unconstitutional procedure entire sentencing process necessarily tainted procedure riley relied pre tedder decision stating advisory opinion jury integral part death sentencing process citing lamadline state responding dissent ante clause quoted intended describe understanding holding espinosa relevance portion opinion including reliance godfrey maynard opaque best also relies heavily passage opinion walton arizona noting trial judge failure apply narrowing construction invalid aggravator necessarily require state appellate vacate death sentence based factor ante florida applied tedder numerous cases reverse trial judge override jury life sentence see wasko state goodwin state odom state cert denied neary state malloy state nothing record indicates judge recognized jury instruction erroneous sought cure error weighing process finding hac aggravator present judge merely stated facts speak app matter fact jury sentence sentence usually imposed florida state attached appendix brief see app brief respondent setting forth data concerning capital cases reviewed florida cases jury recommended death penalty none cases trial judge impose lesser sentence cases jury recommended life sentence one cases trial judge overrode jury recommended life sentence imposed death sentence overrides however florida vacated trial judge sentence either imposed life sentence remanded new sentencing hearing two conclusions evident first jury recommends death sentence trial judge almost certainly impose sentence second jury recommends life sentence although overrides sustained occasionally florida courtwill normally uphold jury rather judge therefore clear practice erroneous instructions jury sentencing phase trial may make difference life death sochor florida footnotes omitted