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BROWN v. SANDERS

No. 04-980.

546 U.S. 212 (2006)

BROWN, WARDEN v. SANDERS

Supreme Court of United States.

Decided January 11, 2006.

Attorney(s) appearing for the Case

Jane N. Kirkland, Deputy Attorney General of California, argued the cause for petitioner. With her on the briefs were Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, and Ward A. Campbell, Supervising Deputy Attorney General.

Nina Rivkind, by appointment of the Court, 544 U.S. 1017, argued the cause for respondent. With her on the brief were Cliff Gardner and Eric E. Jorstad.*

JUSTICE SCALIA delivered the opinion of the Court.

We consider the circumstances in which an invalidated sentencing factor will render a death sentence unconstitutional by reason of its adding an improper element to the aggravation scale in the jury's weighing process.

I

Respondent Ronald Sanders and a companion invaded the home of Dale Boender, where they bound and blindfolded him and his girlfriend, Janice Allen. Both of the victims were then struck...

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