Venue: |
SCOTUS
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Facts: |
For McKoy's sentencing, there's a complex jury questionnaire, and
some things (esp. mitigating factors) are only allowed to be
considered if the jury agrees on them unanimously. Death
sentence ensues, for this reason. |
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Posture: |
Conviction at trial, appeal after sentencing. |
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Issue: |
Is the unanimity requirement for consideration of mitigating factors
constitutional? |
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Holding: |
No. Death sentence vacated, remanded for resentencing. |
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Rule: |
Each juror must be permitted to consider and give effect to mitigating
evidence. |
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Reasoning: |
If unanimity were required, a single hold-out juror could control
what evidence can be considered. |
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Dicta: |
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