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GILMORE v. TAYLOR

No. 91-1738.

508 U.S. 333 (1993)

GILMORE v. TAYLOR

United States Supreme Court.

Decided June 7, 1993.

Attorney(s) appearing for the Case

Mark E. Wilson, Assistant Attorney General of Illinois, argued the cause for petitioner. With him on the briefs were Roland W. Burris, Attorney General, Rosalyn B. Kaplan, Solicitor General, and Terence M. Madsen, Marcia L. Friedl, and Steven J. Zick, Assistant Attorneys General.

Lawrence C. Marshall, by appointment of the Court, 506 U.S. 1018, argued the cause for respondent. With him on the brief were Roy T. Englert, Jr., Robert Agostinelli, and Timothy P. O'Neill.*

Rehnquist, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, and Thomas, JJ., joined, and in all but n. 3 of which Souter, J., joined. O'Connor, J., filed an opinion concurring in the judgment, in which White, J., joined, p. 346. Blackmun, J., filed a dissenting opinion, in which Stevens, J., joined, p. 352.

Chief Justice Rehnquist delivered the opinion of the Court.†

Respondent Kevin Taylor was convicted of murder by an Illinois jury and sentenced to 35 years' imprisonment. After his conviction and sentence became final, he sought federal habeas relief on the ground that the jury instructions given at his trial violated the Fourteenth Amendment's Due Process Clause. The Court of Appeals for the Seventh Circuit granted relief on the...

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