WEEKS v. ANGELONE

No. 99-5746.

528 U.S. 225 (2000)

WEEKS v. ANGELONE, DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS

United States Supreme Court.

Decided January 19, 2000.


Attorney(s) appearing for the Case

Mark Evan Olive argued the cause for petitioner. With him on the briefs were Glen A. Huff, Timothy M. Richardson, and Sterling H. Weaver.

Robert H. Anderson III, Assistant Attorney General of Virginia, argued the cause for respondent. With him on the brief was Mark L. Earley, Attorney General.*

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. Stevens, J., filed a dissenting opinion, in which Ginsburg and Breyer, JJ., joined, and in which Souter, J., joined with respect to all but Part I, p. 237.


Chief Justice Rehnquist delivered the opinion of the Court.

This case presents the question whether the Constitution is violated when a trial judge directs a capital jury's attention to a specific paragraph of a constitutionally sufficient instruction in response to a question regarding the proper consideration of mitigating circumstances. We hold that it is not and that habeas relief is barred by 28 U. S. C. § 2254(d) (1994 ed., Supp. III).

Petitioner...

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