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ARAVE v. CREECH

No. 91-1160.

507 U.S. 463 (1993)

ARAVE, WARDEN v. CREECH

United States Supreme Court.

Decided March 30, 1993.

Attorney(s) appearing for the Case

Lynn E. Thomas, Deputy Attorney General of Idaho, argued the cause for petitioner. With her on the briefs was Larry Echo Hawk, Attorney General.

Cliff Gardner argued the cause for respondent. With him on the brief was Claude M. Stern.

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Scalia, Kennedy, Souter, and Thomas, JJ., joined. Blackmun, J.,filed a dissenting opinion, in which Stevens, J.,joined, p. 479.

Justice O'Connor, delivered the opinion of the Court.

In 1981 Thomas Eugene Creech beat and kicked to death a fellow inmate at the Idaho State Penitentiary. He pleaded guilty to first-degree murder and was sentenced to death. The sentence was based in part on the statutory aggravating circumstance that "[b]y the murder, or circumstances surrounding its commission, the defendant exhibited utter disregard for human life." Idaho Code § 19-2515(g)(6) (1987). The...

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