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SCHIRO v. FARLEY

No. 92-7549.

510 U.S. 222 (1994)

SCHIRO v. FARLEY, SUPERINTENDENT, INDIANA STATE PRISON, ET AL.

Supreme Court of United States.

Decided January 19, 1994.

Attorney(s) appearing for the Case

Monica Foster, by appointment of the Court, 508 U.S. 970, argued the cause for petitioner. With her on the briefs was Rhonda Long-Sharp.

Arend J. Abel, Deputy Attorney General of Indiana, argued the cause for respondents. With him on the brief were Pamela Carter, Attorney General, and Matthew R. Gutwein and Wayne E. Uhl, Deputy Attorneys General.

O'CONNOR, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and SCALIA, KENNEDY, SOUTER, THOMAS, and GINSBURG, JJ., joined. BLACKMUN, J., filed a dissenting opinion, p. 237. STEVENS, J., filed a dissenting opinion, in which BLACKMUN, J., joined, p. 239.

JUSTICE O'CONNOR delivered the opinion of the Court.

In this case we determine whether the Double Jeopardy Clause requires us to vacate the sentence of death imposed on petitioner Thomas Schiro. For the reasons explained below, we hold that it does not.

I

Schiro was convicted and sentenced to death for murder. The body of Laura Luebbehusen was discovered in her home on the morning of February 5, 1981, by...

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