skipper
south
carolina
argued
february
decided
april
petitioner
convicted
capital
murder
rape
jury
trial
south
carolina
state
sought
death
penalty
separate
sentencing
hearing
held
trial
jury
following
state
introduction
evidence
aggravation
offense
petitioner
presented
mitigating
evidence
testimony
former
wife
mother
sister
grandmother
sought
introduce
testimony
two
jailers
regular
visitor
effect
made
good
adjustment
months
spent
jail
arrest
trial
trial
ruled
evidence
irrelevant
inadmissible
petitioner
sentenced
death
south
carolina
affirmed
death
sentence
rejecting
petitioner
contention
trial
committed
constitutional
error
excluding
testimony
jailers
visitor
held
trial
exclusion
sentencing
hearing
testimony
jailers
visitor
denied
petitioner
right
place
sentencing
jury
relevant
evidence
mitigation
punishment
lockett
ohio
eddings
oklahoma
pp
record
support
state
contention
trial
ruling
application
rules
restricting
use
lay
opinion
testimony
pp
support
record
state
contention
trial
ruling
improper
prevent
petitioner
introducing
evidence
past
good
conduct
jail
foreclosed
introduction
irrelevant
evidence
future
adaptability
prison
life
pp
contrary
state
suggestion
implausible
facts
characterize
excluded
evidence
cumulative
exclusion
harmless
error
pp
white
delivered
opinion
brennan
marshall
blackmun
stevens
joined
powell
filed
opinion
concurring
judgment
burger
rehnquist
joined
post
david
bruck
appointment
argued
cause
filed
briefs
petitioner
harold
coombs
assistant
attorney
general
south
carolina
argued
cause
respondent
brief
travis
medlock
attorney
general
brief
amici
curiae
filed
state
alabama
et
al
david
crump
charles
graddick
attorney
general
alabama
steve
clark
attorney
general
arkansas
james
kelly
chief
state
attorney
connecticut
jim
smith
attorney
general
florida
james
jones
attorney
general
idaho
william
webster
attorney
general
missouri
leroy
zimmerman
attorney
general
pennsylvania
gerald
baliles
attorney
general
virginia
kenneth
eikenberry
attorney
general
washington
archie
mcclintock
attorney
general
wyoming
justice
white
delivered
opinion
petitioner
ronald
skipper
convicted
south
carolina
trial
capital
murder
rape
state
sought
death
penalty
separate
sentencing
hearing
held
trial
jury
code
provides
bifurcated
trial
jury
sentencing
capital
cases
following
introduction
state
evidence
aggravation
offense
principally
evidence
petitioner
history
sexually
assaultive
behavior
petitioner
presented
mitigating
evidence
testimony
former
wife
mother
sister
grandmother
testimony
part
concerned
difficult
circumstances
upbringing
petitioner
former
wife
however
testified
briefly
petitioner
conducted
well
months
spent
jail
arrest
trial
petitioner
also
testified
prior
period
incarceration
earned
equivalent
high
school
diploma
sentenced
life
imprisonment
rather
death
behave
prison
attempt
work
contribute
money
support
family
petitioner
also
sought
introduce
testimony
two
jailers
one
regular
visitor
jail
effect
petitioner
made
good
adjustment
time
spent
jail
trial
however
ruled
south
carolina
decision
state
koon
koon
evidence
irrelevant
hence
inadmissible
decision
koon
judge
stated
stood
rule
whether
petitioner
adjust
adjust
issue
case
app
hearing
closing
arguments
course
prosecutor
contended
petitioner
pose
disciplinary
problems
sentenced
prison
likely
rape
prisoners
jury
sentenced
petitioner
death
appeal
petitioner
contended
trial
committed
constitutional
error
excluding
testimony
jailers
visitor
testimony
witnesses
petitioner
argued
constituted
relevant
mitigating
evidence
exclusion
evidence
improper
decisions
lockett
ohio
eddings
oklahoma
south
carolina
rejected
petitioner
contention
stating
trial
judge
properly
refused
admit
evidence
petitioner
future
adaptability
prison
life
state
koon
supra
however
evidence
past
adaptability
admitted
testimony
former
wife
mother
testimony
contention
without
merit
disputing
decision
eddings
requires
capital
cases
sentencer
precluded
considering
mitigating
factor
aspect
defendant
character
record
circumstances
offense
defendant
proffers
basis
sentence
less
death
eddings
supra
quoting
lockett
supra
plurality
opinion
burger
emphasis
original
equally
clear
corollary
rule
sentencer
may
refuse
consider
precluded
considering
relevant
mitigating
evidence
rules
well
established
state
question
accordingly
question
us
whether
exclusion
sentencing
hearing
testimony
petitioner
proffered
regarding
good
behavior
seven
months
spent
jail
awaiting
trial
deprived
petitioner
right
place
sentencer
relevant
evidence
mitigation
punishment
hardly
disputed
state
contest
witnesses
petitioner
attempted
place
stand
testified
petitioner
prisoner
state
dispute
jury
drawn
favorable
inferences
testimony
regarding
petitioner
character
probable
future
conduct
sentenced
life
prison
although
true
inferences
relate
specifically
petitioner
culpability
crime
committed
see
koon
supra
question
inferences
mitigating
sense
might
serve
basis
sentence
less
death
lockett
supra
consideration
defendant
past
conduct
indicative
probable
future
behavior
inevitable
undesirable
element
criminal
sentencing
sentencing
authority
must
predict
convicted
person
probable
future
conduct
engages
process
determining
punishment
impose
jurek
texas
opinion
stewart
powell
stevens
therefore
held
evidence
defendant
future
pose
danger
community
executed
may
treated
establishing
aggravating
factor
purposes
capital
sentencing
jurek
texas
supra
see
also
barefoot
estelle
likewise
evidence
defendant
pose
danger
spared
incarcerated
must
considered
potentially
mitigating
eddings
evidence
may
excluded
sentencer
consideration
state
advances
several
arguments
exclusion
petitioner
proffered
evidence
nonetheless
erroneous
first
state
contends
trial
ruled
petitioner
witnesses
offer
incompetent
lay
opinion
testimony
regarding
petitioner
ability
adjust
prison
life
future
eddings
state
argues
displace
reasonable
rules
regarding
competency
testimony
record
however
support
state
contention
trial
ruling
evenhanded
application
rules
restricting
use
opinion
testimony
true
petitioner
request
ruling
admissibility
testimony
two
jailers
regular
visitor
immediately
preceded
attempt
introduce
former
wife
opinion
ruled
inadmissible
trial
judge
app
regarding
prospects
adjustment
prison
life
seeking
ruling
testimony
three
witnesses
issue
however
petitioner
made
clear
expected
testify
petitioner
made
good
adjustment
jail
emphasis
added
defense
counsel
offering
opinion
testimony
regarding
future
events
circumstances
ruling
premised
assumption
petitioner
planned
present
incompetent
opinion
testimony
state
conceded
oral
argument
mistake
misunderstanding
means
justify
exclusion
nonopinion
evidence
bearing
defendant
ability
adjust
prison
life
second
state
echoes
south
carolina
arguing
trial
ruling
improper
prevent
petitioner
introducing
evidence
past
good
conduct
jail
purposes
establishing
good
character
foreclosed
introduction
irrelevant
evidence
future
adaptability
prison
life
clear
support
contention
record
case
trial
explicitly
rely
distinction
appears
excluded
petitioner
evidence
good
conduct
purpose
whatsoever
state
proposed
distinction
use
evidence
past
good
conduct
prove
good
character
use
evidence
establish
future
good
conduct
prison
seems
drawn
decision
south
carolina
another
case
altogether
state
koon
koon
ii
cert
denied
stated
although
future
adaptability
prison
irrelevant
evidence
bear
defendant
character
prior
record
circumstances
offense
ast
behavior
prison
bear
defendant
character
therefore
relevant
distinction
elusive
explained
defendant
disposition
make
peaceful
adjustment
life
prison
aspect
character
nature
relevant
sentencing
determination
accordingly
precise
meaning
practical
significance
decision
koon
ii
state
argument
difficult
assess
assuming
however
rule
case
effect
precluding
defendant
introducing
otherwise
admissible
evidence
explicit
purpose
convincing
jury
spared
death
penalty
pose
undue
danger
jailers
fellow
prisoners
lead
useful
life
behind
bars
sentenced
life
imprisonment
rule
pass
muster
eddings
since
trial
ruling
case
whether
credibly
said
consistent
koon
ii
least
effect
stand
eddings
finally
state
seems
suggest
exclusion
proffered
testimony
proper
testimony
merely
cumulative
testimony
petitioner
former
wife
petitioner
behavior
jail
awaiting
trial
satisfactory
petitioner
testimony
sentenced
prison
rather
death
attempt
use
time
productively
cause
trouble
think
however
characterizing
excluded
evidence
cumulative
exclusion
harmless
implausible
facts
us
evidence
petitioner
allowed
present
issue
conduct
jail
sort
evidence
jury
naturally
tend
discount
testimony
disinterested
witnesses
particular
jailers
particular
reason
favorably
predisposed
toward
one
charges
quite
naturally
given
much
greater
weight
jury
confidently
conclude
credible
evidence
petitioner
good
prisoner
effect
upon
jury
deliberations
prosecutor
closing
argument
made
much
dangers
petitioner
pose
sentenced
prison
went
far
assert
petitioner
expected
rape
inmates
circumstances
appears
reasonably
likely
exclusion
evidence
bearing
upon
petitioner
behavior
jail
hence
upon
likely
future
behavior
prison
may
affected
jury
decision
impose
death
sentence
thus
standard
exclusion
evidence
sufficiently
prejudicial
constitute
reversible
error
exclusion
state
trial
relevant
mitigating
evidence
impeded
sentencing
jury
ability
carry
task
considering
relevant
facets
character
record
individual
offender
resulting
death
sentence
stand
although
state
course
precluded
seeking
impose
death
sentence
provided
new
sentencing
hearing
petitioner
permitted
present
relevant
mitigating
evidence
available
eddings
judgment
south
carolina
therefore
reversed
insofar
affirms
death
sentence
case
remanded
proceedings
inconsistent
opinion
ordered
footnotes
hold
facets
defendant
ability
adjust
prison
life
must
treated
relevant
potentially
mitigating
example
quarrel
statement
south
carolina
often
defendant
take
shower
irrelevant
sentencing
determination
state
plath
cert
denied
case
us
credible
suggestion
petitioner
sought
introduce
evidence
personal
hygiene
practices
rather
petitioner
apparently
attempted
introduce
evidence
suggesting
disciplined
prisoner
evidence
adjustability
life
prison
unquestionably
goes
feature
defendant
character
highly
relevant
jury
sentencing
determination
justice
powell
chief
justice
justice
rehnquist
join
concurring
judgment
although
agree
petitioner
death
sentence
must
vacated
result
required
decisions
lockett
ohio
eddings
oklahoma
reverse
judgment
trial
excluded
relevant
mitigating
evidence
within
meaning
decisions
see
lockett
supra
petitioner
allowed
rebut
evidence
argument
used
see
gardner
florida
course
petitioner
sentencing
proceeding
prosecutor
adduced
testimony
petitioner
kicked
bars
cell
following
arrest
closing
argument
prosecutor
contended
petitioner
likely
commit
violent
crimes
prison
allowed
live
referred
incident
petitioner
cell
support
characterization
petitioner
hopelessly
violent
man
petitioner
wife
said
told
raped
prison
history
know
think
raper
think
rapee
given
opportunity
four
time
sexual
abusing
loser
think
get
raped
prison
ronald
skipper
big
old
robust
ronald
skipper
knocks
woman
sic
side
head
little
boy
prison
mitigating
circumstances
submitted
defendant
defendant
shown
significant
positive
adjustments
confinement
education
employment
skills
enable
stable
productive
prisoner
admit
kicking
bars
kind
prisoner
kicking
bar
kicking
bars
app
ii
correctly
concludes
exclusion
proffered
testimony
violated
due
process
ante
gardner
florida
supra
vacated
death
sentence
ground
sentencing
judge
considered
confidential
presentence
report
without
permitting
defendant
see
report
plurality
concluded
defendant
denied
due
process
death
sentence
imposed
least
part
basis
information
opportunity
deny
explain
opinion
stevens
see
also
white
concurring
judgment
applying
analysis
eighth
amendment
gardner
petitioner
case
permitted
deny
explain
evidence
death
sentence
may
part
rested
error
aggravated
prosecutor
closing
argument
emphasized
exaggerated
petitioner
misconduct
prison
arrest
therefore
petitioner
death
sentence
violates
rule
gardner
iii
unnecessarily
abandons
narrow
ground
decision
broader
one
holding
proffered
testimony
mitigating
evidence
must
admitted
eighth
amendment
view
reasoning
flawed
eighth
amendment
requires
sentencing
authority
consider
relevant
mitigating
evidence
concerning
defendant
character
record
circumstances
offense
eddings
oklahoma
supra
lockett
ohio
supra
retain
traditional
authority
determine
particular
evidence
within
broad
categories
described
lockett
eddings
relevant
first
instance
long
determinations
reasonable
long
foreclose
consideration
factors
may
tend
reduce
defendant
culpability
crime
see
eddings
supra
respect
see
reason
state
consistent
principles
exclude
evidence
defendant
good
behavior
jail
following
arrest
long
evidence
offered
rebut
testimony
argument
tendered
prosecution
evidence
bearing
circumstances
offense
since
concerns
defendant
behavior
crime
committed
say
anything
necessarily
relevant
defendant
character
record
phrase
used
lockett
eddings
decisions
clearly
focus
evidence
lessens
defendant
culpability
crime
convicted
sentencing
jury
lockett
barred
considering
evidence
defendant
youth
lack
specific
intent
cause
death
relatively
minor
part
crime
evidence
obviously
bore
strongly
degree
defendant
morally
responsible
crime
indeed
since
held
similar
evidence
precludes
application
death
penalty
precisely
reason
enmund
florida
eddings
judge
refused
consider
defendant
youth
history
beatings
harsh
father
severe
emotional
disturbance
emphasized
evidence
tended
diminish
defendant
responsibility
acts
noting
youths
less
mature
responsible
adults
deserve
less
punishment
adolescents
may
less
capacity
control
conduct
think
terms
adults
quoting
twentieth
century
fund
task
force
sentencing
policy
toward
young
offenders
confronting
youth
crime
type
evidence
required
admitted
lockett
eddings
thus
pertained
conduct
circumstances
prior
crime
nature
extent
defendant
participation
crime
case
first
time
classifies
mitigating
conduct
occurred
crime
accused
charged
almost
definition
conduct
neither
excuses
defendant
crime
reduces
responsibility
commission
therefore
properly
considered
mitigating
evidence
sentencer
must
consider
constitution
useful
recall
origins
rule
applies
today
ten
years
ago
woodson
north
carolina
determined
carry
death
penalty
without
particularized
consideration
relevant
aspects
character
record
convicted
defendant
plurality
opinion
see
also
roberts
louisiana
plurality
opinion
determination
flowed
conviction
individual
culpability
always
measured
category
crime
committed
furman
georgia
burger
dissenting
quoted
woodson
supra
see
also
roberts
supra
thus
reasoned
unconstitutionally
arbitrary
execute
man
woman
without
considering
factors
showing
death
appropriate
sentence
woodson
supra
cf
enmund
florida
supra
lockett
eddings
followed
naturally
decision
woodson
also
follows
woodson
companion
cases
bound
consider
factors
central
fundamental
justice
execution
recognized
society
important
legitimate
interests
retribution
deterrence
interests
provide
necessary
justification
imposing
death
penalty
gregg
georgia
joint
opinion
society
legitimate
desire
retribution
less
strong
respect
defendant
played
minor
role
murder
convicted
cf
lockett
similarly
death
penalty
little
deterrent
force
defendants
reduced
capacity
considered
choice
cf
eddings
evidence
concerning
degree
defendant
participation
crime
age
emotional
history
thus
bear
directly
fundamental
justice
imposing
capital
punishment
simply
said
defendant
behavior
prison
following
arrest
society
interest
retribution
hardly
lessened
knowledge
brutal
murderer
reasons
model
deportment
prison
awaiting
trial
sentence
society
important
interest
deterrence
served
allowing
murderer
avoid
death
penalty
following
counsel
advice
behave
tightly
controlled
prison
environment
iv
even
defendant
apparent
capacity
adjust
well
prison
fell
within
scope
mitigating
factors
must
considered
lockett
eddings
state
right
exclude
evidence
conduct
prison
awaiting
trial
sentencing
one
arrested
capital
crime
particularly
convicted
defendant
awaiting
sentencing
every
incentive
behave
flawlessly
prison
good
behavior
might
cause
sentencing
authority
spare
life
good
behavior
circumstances
rarely
predictive
conduct
prisoner
sentence
imposed
reason
state
courts
reasonably
determine
evidence
little
probative
value
certainly
aid
sentencer
distinguishing
cases
death
penalty
imposed
many
cases
furman
georgia
supra
white
concurring
quoted
gregg
georgia
supra
contrary
determination
apparently
rests
notion
little
authority
decide
certain
types
evidence
may
insufficient
probative
value
justify
admission
cf
ante
lockett
explicitly
rejected
approach
good
reason
special
expertise
deciding
whether
particular
categories
evidence
speculative
insubstantial
merit
consideration
sentencer
cf
barefoot
estelle
makes
little
sense
substitute
judgment
relevance
state
courts
legislatures
intrusive
review
necessary
context
guard
fundamentally
unjust
executions
one
plausibly
equate
type
evidence
issue
lockett
eddings
evidence
capital
defendant
refrained
assaulting
anyone
prison
awaiting
trial
sentencing
therefore
leave
disposition
evidence
kind
involved
subject
requirements
due
process
following
colloquy
took
place
close
fellow
got
horry
county
jail
went
kicking
cell
right
yes
sir
hat
kind
fellow
nice
today
right
app
noted
many
types
murders
death
penalty
undoubtedly
significant
deterrent
gregg
georgia
see
also
actual
deterrent
value
death
penalty
particular
contexts
complex
factual
issue
resolution
properly
rests
legislatures
deterrent
value
inevitably
diluted
defendants
allowed
escape
execution
based
factors
nothing
criminal
responsibility
consequences
mistakes
extend
cases
occur
defendants
able
avoid
execution
based
irrelevant
criteria
far
graver
risk
injustice
executing
others
see
furman
georgia
white
concurring
thus
find
difficult
accept
proposition
constitution
compels
consider
factors
defendant
willingness
conform
prison
rules
plainly
undermine
deterrence
without
advancing
retributive
goals
today
decision
competent
defense
counsel
capital
cases
instruct
clients
behave
like
eagle
scouts
awaiting
trial
particularly
awaiting
sentencing
capital
cases
important
defendant
customary
advice
counsel
criminal
trial
advise
client
behave
courtroom
indeed
novel
doctrine
compliance
advice
defendant
charged
capital
murder
becomes
mitigating
factor
sentencing
judge
jury
must
matter
constitutional
law
consider
passing
sentence