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Brown v. Sanders, No. 04-980 (U.S. Supreme Court) (546 U.S. 212; 126 S.Ct. 884) (January 11, 2006) (Justice Scalia)

In its latest attempt to clarify its own death penalty jurisprudence, the Supreme Court chose this highly fact-specific and technical case to establish a new and somewhat simplistic rule for capital cases which states: “An invalidated sentencing factor (whether an eligibility factor or not) will render the sentence unconstitutional by ...

 

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