GRAHAM v. COLLINS

No. 91-7580.

506 U.S. 461 (1993)

GRAHAM v. COLLINS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION

United States Supreme Court.

Decided January 25, 1993.


Attorney(s) appearing for the Case

Michael E. Tigar argued the cause for petitioner. With him on the briefs was Jeffrey J. Pokorak.

Charles A. Palmer, Assistant Attorney General of Texas, argued the cause for respondent. With him on the brief were Dan Morales, Attorney General, William C. Zapalac, Assistant Attorney General, Will Pryor, First Assistant Attorney General, Mary F. Keller, Deputy Attorney General, and Michael P. Hodge, Assistant Attorney General.*

White, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. Thomas, J., filed a concurring opinion, p. 478. Stevens, J., filed a dissenting opinion, p. 500. Souter, J., filed a dissenting opinion, in which Blackmun, Stevens, and O'Connor, JJ., joined, p. 504.


Justice White, delivered the opinion of the Court.

In this case, we are asked to decide whether the jury that sentenced petitioner, Gary Graham, to death was able to give effect, consistent with the Eighth and Fourteenth Amendments, to mitigating evidence of Graham's youth, family background, and positive character traits. Because this case comes to us on collateral review, however, we must first decide whether the relief that petitioner seeks would require announcement...

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