Supreme Court of United States.
JUSTICE O'CONNOR delivered the opinion of the Court, except as to Part IV-C.
In this case, we must decide whether petitioner, Johnny Paul Penry, was sentenced to death in violation of the Eighth Amendment because the jury was not instructed that it could consider and give effect to his mitigating evidence in imposing its sentence. We must also decide whether the Eighth Amendment categorically prohibits Penry's execution because he is mentally retarded.
I...
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