SOCHOR v. FLORIDA

No. 91-5843.

504 U.S. 527 (1992)

SOCHOR v. FLORIDA

United States Supreme Court.

Decided June 8, 1992.


Attorney(s) appearing for the Case

Gary Caldwell argued the cause for petitioner. With him on the briefs were Richard L. Jorandby and Eric Cumfer.

Carolyn M. Snurkowski, Assistant Attorney General of Florida, argued the cause for respondent. With her on the brief were Robert A. Butterworth, Attorney General, and Celia A. Terenzio, Assistant Attorney General.*

Souter, J., delivered the opinion of the Court, Part I of which was unanimous, Part II of which was joined by Rehnquist, C. J., and White, O'Connor, Scalia, Kennedy, and Thomas, JJ., Part III-A of which was joined by Rehnquist, C. J., and White, O'Connor, Kennedy, and Thomas, JJ., Part III—B-1 of which was joined by Rehnquist, C. J., and White, Blackmun, Stevens, O'Connor, Kennedy, and Thomas, JJ., and Parts III—B-2 and IV of which were joined by Blackmun, Stevens, O'Connor, and Kennedy, JJ. O'Connor, J., filed a concurring opinion, p. 541. Rehnquist, C. J., filed an opinion concurring in part and dissenting in part, in which White and Thomas, JJ., joined, p. 541. Stevens, J., filed an opinion concurring in part and dissenting in part, in which Blackmun, J., joined, p. 545. Scalia, J., filed an opinion concurring in part and dissenting in part, p. 553.


Justice Souter, delivered the opinion of the Court.

Under Florida law, after a defendant is found guilty of capital murder, a separate jury proceeding is held as the first of two steps in deciding whether his sentence should be life imprisonment or death. Fla. Stat. § 921.141(1) (1991). At the close of such aggravating and mitigating evidence as the prosecution and the defense may introduce, the trial judge charges the jurors to weigh whatever aggravating and...

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