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FRANKLIN v. LYNAUGH

No. 87-5546.

487 U.S. 164 (1988)

FRANKLIN v. LYNAUGH, DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS

Supreme Court of United States.

Decided June 22, 1988

Attorney(s) appearing for the Case

Mark Stevens argued the cause for petitioner. With him on the briefs were Clarence Williams, Allen Cazier, and George Scharmen.

William C. Zapalac, Assistant Attorney General of Texas, argued the cause for respondent. With him on the brief were Jim Mattox, Attorney General, Mary F. Keller, First Assistant Attorney General, Lou McCreary, Executive Assistant Attorney General, and Michael P. Hodge, Assistant Attorney General.

JUSTICE WHITE announced the judgment of the Court, and delivered an opinion, in which THE CHIEF JUSTICE, JUSTICE SCALIA, and JUSTICE KENNEDY join.

In this case, we are called on to determine if the Eighth Amendment required a Texas trial court to give certain jury instructions, relating to the consideration of mitigating evidence, that petitioner had requested in the sentencing phase of his capital trial.

I

Around midnight on July 25, 1975, someone...

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