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Mckoy Vs. North Carolina

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  • US Supreme Court
  • Mar 05, 1990

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66 entries 7 linked 59 unlinked
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  1. Eddings Vs. Oklahoma US Supreme Court · Jan 19, 1982
  2. Hitchcock Vs. Dugger US Supreme Court · Apr 22, 1987
  3. Penry Vs. Lynaugh US Supreme Court · Jun 26, 1989
  4. United States Vs. Ferris US Supreme Court · May 26, 1924
  5. Mccleskey Vs. Kemp US Supreme Court · Apr 22, 1987
  6. Teague Vs. Lane US Supreme Court · Feb 22, 1989
  7. FranklIn Vs. Lynaugh US Supreme Court · Jun 22, 1988
  8. McKoy v. North
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  9. Carolina - 494 U.S. 433 (1990) U.S. Supreme Court McKoy v. North
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  10. Carolina, 494 U.S. 433 (1990) McKoy v. North
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  11. circumstances found. The State Supreme Court rejected petitioner's challenge to his sentence, distinguishing Mills v. Maryland
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  12. of that evidence if the sentencer could reasonably find that it warrants a sentence less than death. Skipper v. South
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  13. U. S. 104 . The State misplaces its reliance on Patterson v. New
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  14. factors is not constitutional merely because the State also requires unanimity on aggravating circumstances. Penry v. Lynaugh
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  15. penalty, any mitigating factor that the jury does not unanimously find. We hold that, under our decision in Mills v. Maryland
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  16. During the pendency of petitioner's direct appeal to the North Carolina Supreme Court, this Court decided Mills v. Page
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  17. juror to prevent the other jurors from considering mitigating evidence violated the principle established in Lockett v. Ohio
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  18. New Jersey v. T.L
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  19. Furthermore, our holdings in Skipper v. South
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  20. Carolina, 476 U. S. 1 (1986), and Eddings v. Oklahoma
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  21. to ensure the reliability of mitigating evidence. The State's reliance on Page 494 U. S. 442 Patterson v. New
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  22. whether the barrier to the sentencer's consideration of all mitigating evidence is interposed by statute, Lockett v. Ohio
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  23. by the sentencing court, Eddings v. Oklahoma
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  24. or by an evidentiary ruling, Skipper v. South
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  25. because it places the same limitation on consideration of aggravating circumstances. As the Court stated in Penry v. Lynaugh
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  26. s discretion to consider relevant evidence that might cause it to decline to impose the death sentence.' McCleskey v. Kemp
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  27. mitigating circumstance to be present, that circumstance is deemed to have mitigating value as a matter of law. State v. Stokes
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  28. the jury must decide both whether the circumstance has been proved and whether it has mitigating value. See State v. Pinch
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  29. N.C. 1, 26, 292 S.E.2d 203, 223, cert. denied, 459 U. S. 1056 (1982), citing State v. Johnson
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  30. In fact, this case presents an even clearer case for reversal than Mills v. Maryland
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  31. BLACKMUN, concurring. I join the Court's opinion, but write separately only to underscore my conviction that Mills v. Maryland
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  32. agreement before any juror could consider a particular mitigating factor was forbidden by our decisions in Lockett v. Ohio
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  33. U. S. 586 (1978), and Eddings v. Oklahoma
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  34. of, for this Court to decide significant legal questions on which the parties have not joined issue. See, e.g., Teague v. Lane
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  35. unanimity is simply not the type of restriction found unconstitutional in Lockett and Eddings. See State v. Kirkley
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  36. state rules that place upon criminal defendants the burden of proving affirmative defenses. See, e.g., Patterson v. New
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  37. not say that, and it is not at all clear that a conviction, rather than a hung jury, would be the outcome. See State v. Harris
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  38. Woodson v. North
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  39. Cf. United States v. W.T
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  40. F.2d 1405, 1407 (CA9 1983). Accord, United States v. Duncan
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  41. United States v. Beros
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  42. United States v. Schiff
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  43. United States v. Gipson
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  44. F.2d 453, 456-459 (CA5 1977). But see United States v. Bouquett
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  45. of the twelve. As a consequence, the statute here can operate in the same manner as the jury instructions in Mills v. Maryland
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  46. I concur in the judgment here. The Page 494 U. S. 453 Court's reliance on our decisions in Lockett v. Ohio
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  47. means. See, e.g., Franklin v. Lynaugh
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  48. California v. Brown
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  49. went on to state that the unanimity requirement was inconsistent with our holdings in Lockett, Eddings, Hitchcock v. Dugger
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  50. U. S. 393 (1987), and Skipper v. South
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