TYLER v. CAIN

No. 00-5961.

533 U.S. 656 (2001)

TYLER v. CAIN, WARDEN

United States Supreme Court.

Decided June 28, 2001.


Attorney(s) appearing for the Case

Herbert V. Larson, Jr., argued the cause for petitioner. With him on the briefs was Scott L. Nelson.

Charles E. F. Heuer argued the cause for respondent. With him on the brief were Harry F. Connick and Val M. Solino.

James A. Feldman argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Acting Solicitor General Underwood, Acting Assistant Attorney General Keeney, Deputy Solicitor General Dreeben, and Nina Goodman.*

Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, and Kennedy, JJ., joined. O'Connor, J., filed a concurring opinion, p. 668. Breyer, J., filed a dissenting opinion, in which Stevens, Souter, and Ginsburg, JJ., joined, p. 670.


Justice Thomas, delivered the opinion of the Court.

Under Cage v. Louisiana, 498 U.S. 39 (1990) (per curiam), a jury instruction is unconstitutional if there is a reasonable likelihood that the jury understood the instruction to allow conviction without proof beyond a reasonable doubt.1 In this case, we must decide whether this rule was "made...

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