LOCKHART v. McCREE

No. 84-1865.

476 U.S. 162 (1986)

LOCKHART, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTIONS v. McCREE

Supreme Court of United States.

Decided May 5, 1986


Attorney(s) appearing for the Case

John Steven Clark, Attorney General of Arkansas, argued the cause for petitioner. With him on the briefs were Jack Gillean, Assistant Attorney General, Victra L. Fewell, and Leslie M. Powell.

Samuel R. Gross argued the cause for respondent. With him on the brief were John Charles Boger, James S. Liebman, William R. Wilson, Jr., and Anthony G. Amsterdam.*

Briefs of amici curiae urging affirmance were filed for the National Center on Institutions and Alternatives by Allan Blumstein and Eric M. Freedman; for Robert Popper et al. by Robert Popper, pro se; and for Billy Junior Woodward by Reed E. Hundt and Thomas M. Carpenter.

Donald N. Bersoff filed a brief for the American Psychological Association as amicus curiae.


JUSTICE REHNQUIST delivered the opinion of the Court.

In this case we address the question left open by our decision nearly 18 years ago in Witherspoon v. Illinois, 391 U.S. 510 (1968): Does the Constitution prohibit the removal for cause, prior to the guilt phase of a bifurcated capital trial, of prospective jurors whose opposition to the death penalty is so strong that it would...

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