| Venue: | SCOTUS |
| 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. |
| Posture: | Conviction at trial, appeal after sentencing. |
| Issue: | Is the unanimity requirement for consideration of mitigating factors constitutional? |
| Holding: | No. Death sentence vacated, remanded for resentencing. |
| Rule: | Each juror must be permitted to consider and give effect to mitigating evidence. |
| Reasoning: | If unanimity were required, a single hold-out juror could control what evidence can be considered. |
| Dicta: | |