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JOHNSON v. TEXAS

No. 92-5653.

509 U.S. 350 (1993)

JOHNSON v. TEXAS

United States Supreme Court.

Decided June 24, 1993.

Attorney(s) appearing for the Case

Michael E. Tigar argued the cause for petitioner. With him on the briefs were Robert C. Owen and Jeffrey J. Pokorak.

Dana E. Parker, Assistant Attorney General of Texas, argued the cause for respondent. With her on the brief were Dan Morales, Attorney General, Will Pryor, First Assistant Attorney General, Mary F. Keller, Deputy Attorney General, and Michael P. Hodge, Assistant Attorney General.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Scalia, and Thomas, JJ., joined. Scalia, J., p. 373, and Thomas, J., p. 374, filed concurring opinions. O'Connor, J., filed a dissenting opinion, in which Blackmun, Stevens, and Souter, JJ., joined, p. 374.

Justice Kennedy, delivered the opinion of the Court.

For the second time this Term, we consider a constitutional challenge to the former Texas capital sentencing system. Like the condemned prisoner in Graham v. Collins, 506 U.S. 461 (1993), the petitioner here claims that the Texas special issues system in effect until 1991 did not allow his jury to give adequate mitigating effect to evidence of his youth. Graham<...

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