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HARRIS v. ALABAMA

No. 93-7659.

513 U.S. 504 (1995)

HARRIS v. ALABAMA

United States Supreme Court.

Decided February 22, 1995.

Attorney(s) appearing for the Case

Ruth E. Friedman argued the cause for petitioner. With her on the brief was Bryan A. Stevenson.

P. David Bjurberg, Assistant Attorney General of Alabama, argued the cause for respondent. With him on the brief was James H. Evans, Attorney General.

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, Souter, Thomas, Ginsburg, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, p. 515.

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

Alabama law vests capital sentencing authority in the trial judge, but requires the judge to consider an advisory jury verdict. We granted certiorari to consider petitioner's argument that Alabama's capital sentencing statute is unconstitutional because it does not specify the weight the judge must give to the jury's recommendation and thus permits arbitrary imposition of the death penalty.

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