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Arave Vs. Creech
Cites for this judgment
- US Supreme Court
- Nov 10, 1992
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U.S. 463 (1992) October Term, 1992 Syllabus Arave, Warden V. CreechSearch
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is unconstitutionally vague and reaffirmed the limiting construction it had placed on the statutory language in State v. OsbornSearch
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specific and detailed guidance and make rationally reviewable the death sentencing process. See, e. g., Lewis v. JeffersSearch
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those definitions are constitutionally sufficient, i. e., whether they provide some guidance. Walton v. ArizonaSearch
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state court formulations of a limiting construction to ensure that they are consistent, see, e. g., Proffitt v. FloridaSearch
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State v. CreechSearch
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is unconstitutionally vague, reaffirming the limiting construction it had placed on the statutory language in State v. OsbornSearch
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corpus in the United States District Court for the District of Idaho. The District Court denied relief. See Creech v. AraveSearch
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they merely emphasize it. Id., at 883-884 (citing Maynard v. CartwrightSearch
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also was deemed inadequate. The Court of Appeals construed our precedents, including Walton v. ArizonaSearch
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U. S. 984 (1992). II This case is governed by the standards we articulated in Walton, supra, and Lewis v. JeffersSearch
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Id., at 774 (quoting Gregg v. GeorgiaSearch
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U. S., at 774 (quoting Godfrey v. GeorgiaSearch
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without feeling or sympathy. We assume that legislators use words in their ordinary, everyday senses, see, e. g., INS v. PhinpathyaSearch
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terms that describe a crime as a whole and that this Court has held to be unconstitutionally vague. See, e. g., Shell v. MississippiSearch
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but a fact to be inferred from the surrounding circumstances. See United States Postal Service Bd. of Governors v. AikensSearch
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quoting Edgington v. FitzmauriceSearch
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Walton, supra, at 655 (quoting State v. WaltonSearch
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cf. Proffitt v. FloridaSearch
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examined other state decisions when the construction of an aggravating circumstance has been unclear. In Sochor v. FloridaSearch
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see also Proffitt v. FloridaSearch
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repeatedly, often reciting the definition given in Osborn verbatim. See, e. g., State v. CardSearch
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do more than merely invite the sentencer to assess in some indeterminate way the circumstances of each case. Clemons v. MississippiSearch
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U. S. 420 , 428 (1980) (pluralityopinion), quoting Woodson v. NorthSearch
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requires a limiting construction, see State v. OsbornSearch
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Sivak v. StateSearch
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used to describe killings that fall outside the majority's definition. In the first nine weeks of this 3Cf. State v. CharboneauSearch
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As such, the term is used to differentiate between first- and second-degree murders.13 For example, in United States v. FradySearch
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See, e. g., McWilliams v. EstelleSearch
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People v. SullivanSearch
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People v. YatesSearch
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Id., at 170, n. 18, quoting Austin v. UnitedSearch
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kinds of other factors, however, have been invoked by Idaho courts applying the circumstance. For example, in State v. AragonSearch
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Id., at 367,690 P. 2d, at 302. In State v. PizzutoSearch
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conclusions that are unconstitutional under Maynard v. CartwrightSearch
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glaringly evident in the sole post-Osborn case that endeavors to explain the construction in any depth. In State v. FainSearch
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Id., at 99, 744 P. 2d, at 269. Accord, State v. CardSearch
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Supreme Court found that the evidence did not support an utter disregard finding. Brieffor Petitioner 27, citing State v. CharboneauSearch
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U. S., at 693-694, n. 16 (dissenting opinion), quoting Cartwright v. MaynardSearch
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Syllabus Arave, Warden V. CreechSearch
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State v. OsbornSearch
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Lewis v. JeffersSearch
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Proffitt v. FloridaSearch
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See Creech v. AraveSearch
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and Lewis v. JeffersSearch
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