beck
alabama
argued
february
decided
june
alabama
law
felony
murder
lesser
included
offense
capital
crime
killing
alabama
death
penalty
statute
trial
judge
prohibited
giving
jury
option
convicting
defendant
lesser
included
offense
instead
jury
must
either
convict
defendant
capital
crime
case
must
impose
death
penalty
acquit
defendant
convicted
trial
judge
must
hold
hearing
consider
aggravating
mitigating
circumstances
may
refuse
impose
death
sentence
instead
sentence
defendant
life
imprisonment
petitioner
convicted
killing
jury
accordingly
imposed
death
sentence
alabama
trial
refused
overturn
petitioner
trial
testimony
established
participation
robbery
denied
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intent
kill
victim
statutory
prohibition
trial
instruct
jury
lesser
included
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felony
murder
alabama
appellate
courts
upheld
conviction
death
sentence
rejecting
petitioner
constitutional
attack
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prohibition
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included
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instructions
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death
sentence
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give
jury
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case
defendant
life
stake
pp
alabama
argument
context
apparently
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death
penalty
statute
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state
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hand
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hand
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penalty
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jury
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crime
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case
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case
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jury
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sentence
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sentence
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hearing
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pp
stevens
delivered
opinion
burger
brennan
stewart
blackmun
powell
joined
brennan
filed
concurring
opinion
post
marshall
filed
opinion
concurring
judgment
post
rehnquist
filed
dissenting
opinion
white
joined
post
david
klingsberg
argued
cause
petitioner
briefs
john
herfort
jay
wishingrad
john
carroll
edward
carnes
assistant
attorney
general
alabama
argued
cause
respondent
brief
charles
graddick
attorney
general
justice
stevens
delivered
opinion
granted
certiorari
decide
following
question
may
sentence
death
constitutionally
imposed
jury
verdict
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capital
offense
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death
penalty
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intent
kill
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murder
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crime
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statute
judge
specifically
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jury
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defendant
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testimony
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robbery
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named
roy
malone
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man
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rope
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murder
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law
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imposed
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penalty
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hearing
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trial
refused
overturn
penalty
courts
petitioner
attacked
prohibition
lesser
included
offense
instructions
capital
cases
arguing
alabama
statute
constitutionally
indistinguishable
mandatory
death
penalty
statutes
struck
woodson
north
carolina
roberts
louisiana
alabama
criminal
appeals
rejected
argument
ground
jury
function
alabama
statute
determine
guilt
innocence
death
sentence
required
impose
finding
guilt
merely
advisory
brief
opinion
denying
review
alabama
also
rejected
petitioner
arguments
citing
jacobs
state
cert
denied
upheld
constitutionality
alabama
death
penalty
statute
similar
challenge
petitioner
contends
prohibition
giving
lesser
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instructions
capital
cases
violates
eighth
amendment
made
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fourteenth
amendment
due
process
clause
fourteenth
amendment
substantially
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risk
error
factfinding
process
petitioner
argues
case
evidence
clearly
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defendant
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crime
felony
murder
forcing
jury
choose
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offense
acquittal
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resolve
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conviction
response
alabama
argues
preclusion
lesser
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instructions
impair
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argues
apparently
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death
penalty
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penalty
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verdicts
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argues
error
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penalty
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cured
judge
hearing
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law
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aid
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brennan
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intent
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intent
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defendant
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penalty
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society
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sentence
appear
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florida
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stevens
ii
alabama
argues
however
petitioner
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penalty
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jury
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believe
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sentence
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historical
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described
woodson
north
carolina
opinion
stewart
powell
stevens
jj
indicated
american
juries
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impose
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penalty
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oaths
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defendants
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sentence
automatic
consequence
guilty
verdict
state
argument
based
misreading
cases
striking
mandatory
death
penalties
furman
georgia
held
unconstitutional
georgia
statute
vested
jury
complete
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penalty
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several
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woodson
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furman
alabama
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furman
woodson
many
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north
carolina
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alabama
statute
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guilt
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least
part
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defendant
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penalty
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jury
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guide
decision
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jacobs
state
cert
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chief
justice
torbert
attempted
distinguish
alabama
death
statute
north
carolina
louisiana
statutes
ground
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conviction
rate
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alabama
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jacobs
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furman
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sentence
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history
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human
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iii
state
also
argues
whatever
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precluding
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otherwise
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alabama
statute
two
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first
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state
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alabama
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code
vidence
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constitution
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alabama
state
defendant
counsel
shall
permitted
present
argument
sentence
death
alabama
rule
cases
capital
cases
defendant
entitled
lesser
included
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instruction
reasonable
theory
evidence
support
position
fulghum
state
state
concedes
standard
petitioner
entitled
instructions
felony
murder
robbery
brief
respondent
tr
oral
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parties
disagree
whether
petitioner
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state
law
course
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pass
issue
trial
petitioner
counsel
argued
telling
jury
got
choice
two
things
either
sentence
die
acquit
unconstitutionally
interfered
factfinding
role
made
statute
unconstitutional
mandatory
death
penalty
record
alabama
criminal
appeals
described
petitioner
argument
respect
constitutionality
alabama
death
penalty
statute
follows
trial
jury
instructed
lesser
included
offenses
absence
provision
appellant
insists
choice
petit
jury
imposing
death
acquitting
defendant
two
choices
presented
jury
statute
interpreted
mandatory
death
provision
dissenting
opinion
justice
rehnquist
takes
position
required
construe
alabama
failure
address
petitioner
federal
constitutional
claims
determination
petitioner
waived
claims
disagree
clear
petitioner
present
federal
claims
fashion
alabama
state
never
argued
presentation
insufficient
matter
state
law
preserve
issue
contrary
brief
opposition
petition
certiorari
state
argued
alabama
appellate
courts
reviewed
matters
raised
petition
fully
considered
correctly
decided
issues
similarly
certiorari
granted
state
argue
petitioner
due
process
eighth
amendment
claims
properly
raised
preserved
parties
course
confer
jurisdiction
agreement
simply
brush
aside
alabama
attorney
general
view
state
law
cf
chambers
mississippi
especially
true
case
death
penalty
imposed
plainly
unconstitutional
manner
cf
vachon
new
hampshire
alabama
criminal
appeals
relied
jacobs
state
cert
denied
proposition
majority
jacobs
specifically
discuss
validity
prohibition
lesser
included
offense
instructions
however
opinion
concurring
part
dissenting
part
chief
justice
torbert
stated
far
suspect
prohibition
helped
save
statute
unconstitutional
mandatory
death
penalty
noted
roberts
louisiana
struck
mandatory
death
penalty
statute
required
judge
give
jury
option
convicting
lesser
included
offenses
whether
instructions
warranted
evidence
ground
statute
gave
jury
de
facto
standardless
sentencing
discretion
alabama
statute
withdraws
jury
discretion
control
imposition
death
penalty
convicting
defendant
lesser
included
offense
judge
jury
actual
sentencing
chief
justice
concluded
statute
acceptable
matter
federal
constitutional
law
petitioner
also
argues
alabama
law
requires
trial
judge
give
lesser
included
offense
instructions
appropriate
noncapital
cases
total
prohibition
instructions
capital
cases
constitutes
irrational
discrimination
violative
equal
protection
clause
fourteenth
amendment
view
disposition
case
necessary
consider
issue
moreover
petitioner
failed
raise
claim
courts
hale
pleas
crown
hawkins
pleas
crown
ed
chitty
criminal
law
ed
starkie
treatise
criminal
pleading
ed
mississippi
death
penalty
statute
also
contained
prohibition
charging
lesser
included
offenses
jackson
state
mississippi
struck
part
statute
ground
constitutes
impediment
full
complete
administration
justice
trial
capital
cases
therefore
binding
courts
warning
lesser
included
offense
instructions
given
indiscriminately
automatically
held
continue
given
warranted
evidence
principle
first
announced
stevenson
judge
may
entirely
satisfied
whole
evidence
case
person
killing
actuated
malice
passion
lower
grade
crime
murder
manslaughter
reason
absence
malice
yet
evidence
fairly
tending
bear
upon
issue
manslaughter
province
jury
determine
evidence
condition
mind
say
whether
crime
murder
manslaughter
case
elements
crime
charged
constitute
lesser
crime
defendant
evidence
justified
doubt
entitled
instruction
permit
finding
guilt
lesser
offense
see
stevenson
rule
federal
rules
criminal
procedure
provides
defendant
may
found
guilty
offense
necessarily
included
offense
charged
although
rule
permissively
phrased
universally
interpreted
granting
defendant
right
requested
lesser
included
offense
instruction
evidence
warrants
see
scharf
crutchfield
government
virgin
islands
carmona
wright
federal
practice
procedure
although
vary
descriptions
quantum
proof
necessary
give
rise
right
lesser
included
offense
instruction
agree
must
given
supported
evidence
see
christie
state
alaska
state
valencia
westbrook
state
ark
people
preston
cal
people
white
state
brown
matthews
state
del
state
terry
loury
state
app
state
travis
haw
state
beason
idaho
people
simpson
app
pruitt
state
ind
state
millspaugh
iowa
state
white
martin
commonwealth
state
carmichael
blackwell
state
md
cert
denied
commonwealth
santo
mass
people
jones
state
merrill
jackson
state
miss
state
stone
mo
app
state
ostwald
mont
state
hegwood
neb
colle
state
state
boone
state
saulnier
state
aubrey
people
henderson
state
drumgold
state
piper
state
kilby
ohio
gilbreath
state
crim
app
state
thayer
app
commonwealth
terrell
state
funchess
state
grimes
howard
state
day
state
tex
crim
app
state
gillian
utah
painter
commonwealth
state
workman
state
wayne
leach
state
jones
state
wyo
see
gardner
florida
opinion
stevens
lockett
ohio
lockett
chief
justice
explained
rationale
requiring
reliable
procedures
capital
sentencing
determinations
perfect
procedure
deciding
cases
governmental
authority
used
impose
death
statute
prevents
sentencer
capital
cases
giving
independent
mitigating
weight
aspects
defendant
character
record
circumstances
offense
proffered
mitigation
creates
risk
death
penalty
imposed
spite
factors
may
call
less
severe
penalty
choice
life
death
risk
unacceptable
incompatible
commands
eighth
fourteenth
amendments
death
finality
differs
life
imprisonment
prison
term
differs
one
year
two
qualitative
difference
corresponding
difference
need
reliability
determination
death
appropriate
punishment
specific
case
need
decide
whether
due
process
clause
require
giving
instructions
noncapital
case
jury
told
judge
final
sentencing
authority
rather
jury
instructed
must
impose
death
sentence
finds
defendant
guilty
led
believe
implication
sentence
final
analysis
led
conclusion
louisiana
death
penalty
statute
unconstitutional
roberts
louisiana
opinion
stewart
powell
stevens
case
involved
mandatory
death
penalty
statute
required
judge
give
lesser
included
offense
instruction
whether
justified
evidence
procedure
invites
jurors
disregard
oaths
choose
verdict
lesser
offense
whenever
feel
death
penalty
inappropriate
equivalent
discretionary
death
statute
jury
given
complete
unreviewable
discretion
unguided
standards
death
penalty
appropriate
gregg
georgia
opinion
stewart
powell
stevens
jj
prevailing
opinion
specifically
rejected
argument
new
georgia
statute
unconstitutional
availability
lesser
included
offense
instructions
made
possible
jury
might
erroneously
remove
defendant
consideration
candidate
death
penalty
statute
like
georgia
guilt
determined
separately
punishment
little
risk
jury
use
power
decide
guilt
make
de
facto
punishment
decision
thus
eliminating
lesser
included
offense
instructions
effect
reducing
risk
arbitrariness
imposition
death
penalty
contrary
stated
gregg
eliminating
procedural
safeguards
long
accorded
criminal
defendants
raise
serious
constitutional
questions
thus
cases
like
preclusion
lesser
included
offenses
linked
mandatory
death
penalty
state
even
raise
possibility
elimination
procedural
safeguard
permissible
way
reduce
arbitrary
capricious
infliction
death
penalty
first
defendants
tried
alabama
statute
convicted
see
brief
opposition
jacobs
alabama
pp
case
state
argued
reason
high
conviction
rate
prosecutors
rarely
indict
capital
offenses
except
clearest
cases
risk
failure
proof
essential
element
crime
might
lead
acquittal
assuming
reason
high
conviction
rate
statistics
still
support
hypothesis
juries
likely
acquit
convict
doubtful
case
closing
arguments
case
indicate
alabama
statute
issue
whether
defendant
deserves
death
penalty
often
seem
important
issue
whether
state
proved
every
element
capital
crime
beyond
reasonable
doubt
thus
case
prosecutors
defense
attorneys
spent
great
deal
argument
time
desirability
death
penalty
general
application
petitioner
particular
rather
focusing
crucial
issue
whether
evidence
showed
petitioner
possessed
intent
necessary
convict
capital
charge
alabama
code
provides
jury
finds
defendant
guilty
defendant
must
discharged
may
enter
judgment
mistrial
upon
failure
jury
agree
verdict
guilty
guilty
fixing
penalty
death
entry
judgment
mistrial
defendant
may
tried
aggravated
offense
may
reindicted
offense
wherein
indictment
allege
aggravated
circumstance
defendant
reindicted
offense
wherein
indictment
allege
aggravated
circumstance
punishment
upon
conviction
shall
heretofore
hereafter
provided
law
however
punishment
shall
death
life
imprisonment
without
parole
jury
case
hardly
sure
effect
mistrial
closing
argument
one
petitioner
attorneys
told
jury
opportunity
reindictment
way
take
petitioner
bar
justice
enter
plea
guilty
murder
robbery
either
one
life
prison
take
record
another
point
however
petitioner
attorney
indicated
petitioner
still
punished
even
acquitted
stating
submit
acquit
still
etowah
county
jail
submit
acquit
receive
due
punishment
say
due
punishment
death
instructions
jury
trial
judge
stated
acquitted
petitioner
tried
anything
ever
roy
malone
although
explained
petitioner
retried
event
mistrial
elaborate
retrial
entail
state
brief
opposition
petition
certiorari
jacobs
alabama
first
defendants
sentenced
conviction
jury
capital
offenses
received
death
penalty
trial
judge
see
pp
brief
dissent
jacobs
state
justice
jones
pointed
practical
obstacles
treating
jury
imposition
death
penalty
purely
advisory
leave
sentence
reduction
prerogative
trial
place
undue
pressures
upon
office
admittedly
trial
judge
must
often
bulwark
legal
system
presented
unpopular
causes
adverse
public
opinion
state
recent
history
however
reflects
outcry
unjustified
criticism
attendant
trial
judge
reduction
sentence
life
imprisonment
without
possibility
parole
jury
returned
sentence
death
clearly
pressure
constitutes
undue
compulsion
trial
judge
conform
sentence
imposes
previously
returned
jury
omitted
mr
although
join
opinion
continue
believe
death
penalty
circumstances
contrary
eighth
amendment
prohibition
imposition
cruel
unusual
punishments
gregg
georgia
brennan
dissenting
justice
marshall
concurring
judgment
continue
believe
death
penalty
circumstances
cruel
unusual
punishment
prohibited
eighth
fourteenth
amendments
furman
georgia
marshall
concurring
gregg
georgia
marshall
dissenting
godfrey
georgia
marshall
concurring
judgment
addition
agree
alabama
prohibition
giving
lesser
included
offense
instructions
capital
cases
unconstitutional
substantially
increases
risk
error
factfinding
process
however
join
assumption
death
penalty
may
ever
imposed
without
violating
command
eighth
amendment
cruel
unusual
punishments
imposed
lockett
ohio
marshall
concurring
judgment
bell
ohio
marshall
concurring
judgment
join
judgment
justice
rehnquist
justice
white
joins
dissenting
opinion
begins
stating
granted
certiorari
decide
question
whether
sentence
death
may
constitutionally
imposed
jury
verdict
guilt
capital
offense
jury
permitted
consider
verdict
guilt
lesser
included
noncapital
offense
evidence
supported
verdict
find
treatment
issue
highly
unusual
since
although
question
raised
alabama
trial
alabama
intermediate
appeals
preserved
alabama
began
opinion
language
petitioner
beck
raises
one
issue
whether
alabama
criminal
appeals
erred
finding
alabama
death
penalty
statute
violation
article
iii
section
article
section
amendment
constitution
alabama
believe
suffices
jurisdiction
granted
us
constitution
congress
brush
matter
grounds
petitioner
presented
claim
fashion
alabama
state
never
argued
presentation
insufficient
matter
state
law
preserve
issue
matter
may
stipulated
waived
parties
case
decided
merits
title
provides
certiorari
jurisdiction
extends
inal
judgments
decrees
rendered
highest
state
decision
hulbert
chicago
said
urged
writ
error
petition
citation
stated
certain
rights
privileges
claimed
constitution
state
illinois
decided
rights
privileges
urged
chief
justice
allow
writ
error
sufficient
moreover
stated
highest
state
failed
pass
upon
federal
question
assumed
omission
due
want
proper
presentation
state
courts
unless
aggrieved
party
affirmatively
show
contrary
emphasis
supplied
believing
therefore
proceedings
alabama
jurisdiction
decide
question
purports
decide
dissent