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MILLS v. MARYLAND

No. 87-5367.

486 U.S. 367 (1988)

MILLS v. MARYLAND

Supreme Court of United States.

Decided June 6, 1988

Attorney(s) appearing for the Case

George E. Burns, Jr., argued the cause for petitioner. With him on the brief were Alan H. Murrell, Michael R. Braudes, and Julia Doyle Bernhardt.

Charles O. Monk II, Deputy Attorney General of Maryland, argued the cause for respondent. With him on the brief were J. Joseph Curran, Jr., Attorney General, and Gary E. Bair and Richard B. Rosenblatt, Assistant Attorneys General.*

JUSTICE BLACKMUN delivered the opinion of the Court.

Petitioner seeks review of a decision of Maryland's highest court which construes that State's capital sentencing scheme in a manner that preserves its constitutionality but which may not have been evident at all to the jury charged with the sentencing function in this case. Because we have no reason to believe that the jury also arrived at this "saving" construction, we must vacate the sentence of death and remand...

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