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Valerio v. Crawford, No. 98-99033 (9th Cir.) (306 F.3d 742) (September 17, 2002) (Judge William A. Fletcher)

A depravity of mind, aggravating circumstances jury instruction at a capital penalty phase was unconstitutional, and error was not cured under Walton v. Arizona, 497 U.S. 639, a procedure unavailable after a jury finding of aggravated or mitigating circumstances.

 

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