Cabana v. Bullock, No. 84-1236 (U.S. Supreme Court) (474 U.S. 376; 106 S.Ct. 689) (January 22, 1986) (Justice White)
Here the Court held that the fact-finding required by the 8th Amendment as a prerequisite for the death penalty, that the defendant killed or used lethal force, need not be made by the fact finder at trial but can be made by trial court or appellate court.
In this case, ...
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