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BUCHANAN v. ANGELONE

No. 96-8400.

522 U.S. 269 (1998)

BUCHANAN v. ANGELONE, DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS, et al.

United States Supreme Court.

Decided January 21, 1998.

Attorney(s) appearing for the Case

Gerald T. Zerkin, by appointment of the Court, 520 U.S. 1227, argued the cause for petitioner. With him on the brief were Frank K. Friedman, John H. Blume, and Mark E. Olive.

Richard Cullen, Attorney General of Virginia, argued the cause for respondent. With him on the brief were David E. Anderson, Chief Deputy Attorney General, and Katherine P. Baldwin, Assistant Attorney General.*

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, Souter, and Thomas, JJ., joined. Scalia, J., filed a concurring opinion, p. 279. Breyer, J., filed a dissenting opinion, in which Stevens and Ginsburg, JJ., joined, p. 280.

Chief Justice Rehnquist delivered the opinion of the Court.

This case calls on us to decide whether the Eighth Amendment requires that a capital jury be instructed on the concept of mitigating evidence generally, or on particular statutory mitigating factors. We hold it does not.

On the afternoon of September 15, 1987, Douglas Buchanan murdered his father, stepmother, and two younger brothers. Buchanan was convicted...

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