SLACK v. McDANIEL

Attorney(s) appearing for the Case

Michael Pescetta, by appointment of the Court, 526 U.S. 1049, argued and reargued the cause for petitioner. With him on the briefs was Timothy P. O'Toole.

Matthew D. Roberts argued the cause for the United States as amicus curiae. With him on the brief were Solicitor General Waxman, Assistant Attorney General Robinson, Deputy Solicitor General Dreeben, and Vicki S. Marani.

David F. Sarnowski, Chief Deputy Attorney General of Nevada, argued and reargued the cause for respondents. With him on the briefs were Frankie Sue Del Papa, Attorney General, and Julie A. Slabaugh, Deputy Attorney General. With him on the brief on the original argument was Ms. Del Papa.*

Kennedy, J., delivered the opinion of the Court, Part I of which was unanimous, Part II of which was joined by Rehnquist, C. J., and O'Connor, Scalia, Thomas, and Ginsburg, JJ., and Parts III and IV of which were joined by Rehnquist, C. J., and Stevens, O'Connor, Souter, Ginsburg, and Breyer, JJ. Stevens, J., filed an opinion concurring in part and concurring in the judgment, in which Souter and Breyer, JJ., joined, p. 490. Scalia, J., filed an opinion concurring in part and dissenting in part, in which Thomas, J., joined, p. 490.