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embraced
prosecutor
suggestion
concluded
rendered
imposition
death
penalty
inconsistent
constitution
requirement
individualized
reliable
capital
sentencing
procedures
see
romano
oklahoma
emphasizing
truly
awesome
responsibility
imposed
upon
capital
sentencing
juries
quoting
mcgautha
california
held
constitutionally
impermissible
rest
death
sentence
determination
made
sentencer
led
believe
responsibility
determining
appropriateness
defendant
death
rests
elsewhere
penalty
phase
romano
trial
murder
roger
safarty
prosecution
sought
put
jury
copy
judgment
sentence
earlier
unrelated
prosecution
document
revealed
romano
convicted
romano
oklahoma
murder
lloyd
thompson
executed
crime
defense
counsel
offered
stipulate
romano
conviction
thompson
murder
objected
jury
consideration
death
sentence
trial
overruled
defense
counsel
objection
admitted
judgment
sentence
document
document
stated
romano
given
good
reason
judgment
sentence
murder
thompson
pronounced
commanded
state
department
corrections
put
said
john
joseph
romano
death
app
jury
instant
safarty
murder
case
also
sentenced
romano
death
pendency
romano
appeal
conviction
sentence
safarty
murder
oklahoma
criminal
appeals
vacated
conviction
thompson
murder
romano
state
romano
urged
appeal
safarty
case
caldwell
mississippi
impermissible
place
jury
relevant
deliberations
whether
romano
live
die
evidence
already
sentence
death
oklahoma
rejected
contention
affirmed
romano
conviction
death
sentence
safarty
murder
ruling
acknowledged
earning
defendant
previously
received
death
sentence
another
murder
diminish
jury
sense
importance
role
mitigate
consequences
decision
ibid
recognized
evidence
imposition
death
penalty
another
jury
relevant
determining
appropriateness
death
sentence
instant
offense
nevertheless
concluded
jury
properly
instructed
role
responsibility
making
determination
appellate
review
conclude
jur
ors
romano
oklahoma
way
shifted
responsibility
decision
considered
decision
less
significant
otherwise
judgment
ii
caldwell
found
constitutionally
impermissible
prosecutor
statement
penalty
phase
capital
trial
jury
decision
final
decision
automatically
reviewable
prosecutor
assurances
impermissible
ruled
created
unacceptable
risk
jury
minimize
importance
role
believ
ing
responsibility
determining
appropriateness
defendant
death
rest
ed
elsewhere
caldwell
belief
explained
inconsistent
heightened
need
reliability
capital
sentencing
quoting
woodson
north
carolina
plurality
opinion
risk
diminished
jury
responsibility
also
grave
romano
case
revealing
jury
romano
condemned
die
thompson
murder
signaled
jurors
safarty
murder
case
romano
faced
execution
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decision
case
jurors
informed
might
well
believe
romano
fate
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jury
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people
hope
jury
awareness
romano
oklahoma
defendant
prior
death
sentence
diminish
sense
responsibility
assuming
defendant
already
going
executed
jurors
may
consider
decision
considerably
less
significant
otherwise
quoting
people
davis
west
state
miss
jury
knows
defendant
already
sentence
death
tend
relieve
separate
responsibility
make
juror
uncertain
whether
vote
death
life
might
swayed
knowledge
another
jury
previously
resolved
identical
issue
adversely
defendant
hope
supra
quoting
davis
supra
juror
although
unconvinced
death
appropriate
punishment
might
nevertheless
wish
send
message
extreme
disapproval
defendant
acts
caldwell
reasoning
defendant
already
executed
event
furthermore
jurors
otherwise
inclined
hold
life
sentence
might
acquiesce
death
penalty
truly
believe
warranted
cf
ne
easily
imagine
case
jury
divided
proper
sentence
presence
appellate
review
effectively
used
argument
jurors
reluctant
invoke
death
sentence
nevertheless
give
respondent
state
oklahoma
correctly
observes
however
evidence
prior
death
sentence
may
produce
unidirectional
bias
toward
death
brief
respondent
jurors
otherwise
inclined
believe
defendant
deserved
death
penalty
crime
case
might
nonetheless
anxious
avoid
feeling
responsibility
defendant
execution
jurors
minded
might
vote
life
sentence
relying
prior
jury
determination
romano
oklahoma
secure
defendant
death
see
ante
offending
prosecutorial
comments
caldwell
contrast
created
apparently
unidirectional
bias
toward
death
sentence
appellate
review
caldwell
jurors
encouraged
consider
occur
jury
sentenced
defendant
death
voted
life
oklahoma
maintains
romano
remains
outside
caldwell
principle
unable
demonstrate
evidence
prior
death
sentence
tilted
jurors
toward
death
romano
prosecutor
least
seems
believed
informing
jurors
prior
death
sentence
incline
toward
death
otherwise
probably
insisted
upon
introducing
judgment
sentence
romano
objection
despite
romano
offer
stipulate
underlying
conviction
critically
caldwell
comprehend
decision
require
romano
prove
prosecutor
hunch
correct
either
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case
particular
death
penalty
cases
generally
caldwell
dominantly
concerns
capital
sentencing
jury
awareness
acceptance
awesome
responsibility
assure
acceptance
eighth
amendment
jurisprudence
instructs
capital
sentencing
procedures
must
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reliable
see
prosecutor
comments
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eighth
amendment
heightened
need
reliability
determination
death
appropriate
punishment
specific
case
quoting
woodson
north
carolina
supra
death
sentence
meet
standard
reliability
eighth
amendment
requires
may
affected
state
attempt
minimize
jury
sense
responsibility
determining
appropriateness
death
caldwell
romano
oklahoma
reasoning
diminution
jurors
sense
responsibility
violates
eighth
amendment
reliability
requirement
whether
defendant
demonstrate
empirically
effect
diminution
bias
jurors
judgment
toward
death
according
caldwell
reviewing
say
effort
minimize
jury
sense
responsibility
determining
appropriateness
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effect
sentencing
decision
sentence
death
must
vacated
unreliable
ibid
iii
today
reads
caldwell
apply
jury
affirmatively
misled
regarding
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sentencing
process
ante
according
information
incorrect
conveyed
given
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responsible
sentencing
romano
safarty
murder
infirmity
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caldwell
simply
absent
case
ante
rests
rendition
caldwell
premise
plurality
members
endorsed
principle
regard
pivotal
diminution
jury
sense
responsibility
preclude
jury
properly
performing
charge
make
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determination
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penalty
see
ante
citing
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fact
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key
portions
caldwell
attributes
plurality
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parted
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characterize
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appellate
review
wholly
irrelevant
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sentence
opinion
concurring
part
concurring
judgment
quoting
romano
oklahoma
justice
explained
read
california
ramos
imply
giving
nonmisleading
accurate
information
regarding
jury
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sentencing
scheme
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decision
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quoted
ante
prosecutor
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manner
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jury
sense
responsibility
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concurring
opinion
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relied
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death
sentence
murder
thompson
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information
regarding
procedures
romano
might
pursue
oklahoma
criminal
appeals
found
judgment
sentence
thompson
murder
relevant
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decision
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imposition
death
penalty
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appropriateness
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sentence
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offense
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read
justice
romano
oklahoma
concurring
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narrowing
caldwell
holding
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presents
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caldwell
announces
today
see
ante
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relies
oklahoma
criminal
appeals
trial
instruction
jurors
importance
worth
evidence
decide
together
disavowal
view
appropriate
punishment
ante
quotes
oklahoma
conclusion
never
conveyed
intimated
way
attorneys
jury
romano
oklahoma
shift
responsibility
sentencing
role
way
minimized
ante
quoting
plainly
trial
instruction
consider
evidence
resolve
caldwell
problem
case
judgment
sentence
form
bearing
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death
sentence
part
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consider
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evidence
prior
death
sentence
diminish
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sense
importance
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mitigate
consequences
decision
said
attorneys
conve
intimat
jury
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judgment
sentence
evidence
trial
admitted
romano
objection
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offer
stipulate
conviction
discussed
supra
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ing
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appropriateness
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death
rest
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caldwell
risk
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ease
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murray
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romano
oklahoma
iv
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sentence
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die
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sentence
constitutionally
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appropriateness
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subsequently
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trial
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murder
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petitioner
state
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merits
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opposition
petition
certiorari
state
oklahoma
argued
evidence
romano
prior
sentence
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argument
persuade
authority
state
cites
holding
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death
sentence
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sentencing
commonwealth
beasley
romano
oklahoma
case
decided
purely
matter
state
statutory
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sentence
imposed
earlier
conviction
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rejected
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challenge
prosecutor
comments
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phase
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comments
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case
comments
made
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trial
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times
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concluded
prosecutor
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increase
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perception
role
diminish
ibid
also
relies
upon
dugger
adams
sawyer
smith
adams
stated
merit
respondent
caldwell
claim
irrelevant
disposition
case
sawyer
question
considered
whether
caldwell
violation
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announced
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rule
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lane
whether
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dictated
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time
habeas
petitioner
conviction
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gave
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pronounced
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trial
judge
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jury
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appeal
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may
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review
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salvage
instant
death
sentence
given
irrelevance
romano
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sentence
legitimate
sentencing
considerations
see
ease
caldwell
difficulty
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page