BALDWIN v. ALABAMA

No. 84-5743.

472 U.S. 372 (1985)

BALDWIN v. ALABAMA

Supreme Court of United States.

Decided June 17, 1985


Attorney(s) appearing for the Case

John L. Carroll argued the cause and filed a brief for petitioner.

Edward E. Carnes, Assistant Attorney General of Alabama, argued the cause for respondent. With him on the brief was Charles A. Graddick, Attorney General.


JUSTICE BLACKMUN delivered the opinion of the Court.

Between 1976 and 1981, an Alabama statute required a jury that convicted a defendant of any one of a number of specified crimes "with aggravation" to "fix the punishment at death." Ala. Code § 13-11-2(a) (1975).1 The "sentence" imposed by the jury, however, was not dispositive. Instead, "[n]otwithstanding the fixing of the punishment at...

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