United States Supreme Court.https://leagle.com/images/logo.png
Argued April 28, 1998.
Decided June 26, 1998.
Attorney(s) appearing for the Case
Cliff Gardner, by appointment of the Court, 522 U.S. 1106, argued the cause and filed briefs for petitioner.
David F. Glassman, Deputy Attorney General of California, argued the cause for respondent. With him on the brief were Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Susan D. Martynec, Supervising Deputy Attorney General, and Carl N. Henry, Deputy Attorney General.
Matthew D. Roberts argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Waxman, Acting Assistant Attorney General Keeney, and Deputy Solicitor General Dreeben.*
O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Kennedy, Thomas, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, p. 734. Scalia, J., filed a dissenting opinion, in which Souter and Ginsburg, JJ., joined, p. 737.
United States Supreme Court.
Justice O'Connor, delivered the opinion of the Court.
This case presents the question whether the Double Jeopardy Clause, which we have found applicable in the capital sentencing context, see Bullington v. Missouri,451 U.S. 430 (1981), extends to noncapital sentencing proceedings. We hold that it does not, and accordingly affirm the judgment of the California Supreme Court.<...
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