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BEARD v. BANKS

No. 02-1603.

542 U.S. 406 (2004)

BEARD, SECRETARY, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, ET AL. v. BANKS

Supreme Court of United States.

Decided June 24, 2004.

Attorney(s) appearing for the Case

Ronald Eisenberg argued the cause for petitioners. With him on the briefs were Scott C. Gartley, Thomas W. Dolgenos, and Lynne Abraham.

Albert J. Flora, Jr., argued the cause for respondent. With him on the brief were Basil G. Russin, Joseph Cosgrove, Matthew C. Lawry, and Maureen Kearney Rowley.*

THOMAS, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and O'CONNOR, SCALIA, and KENNEDY, JJ., joined. STEVENS, J., filed a dissenting opinion, in which SOUTER, GINSBURG, and BREYER, JJ., joined, p. 420. SOUTER, J., filed a dissenting opinion, in which GINSBURG, J., joined, p. 423.

JUSTICE THOMAS delivered the opinion of the Court.

In Mills v. Maryland, 486 U.S. 367 (1988), and McKoy v. North Carolina, 494 U.S. 433 (1990), this Court held invalid capital sentencing schemes that require juries to disregard mitigating factors not found unanimously. In this case, we must determine whether the rule announced in Mills and McKoy can be applied...

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