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Brown v. Payton, No. 03-1039 (U.S. Supreme Court) (544 U.S. 133; 125 S.Ct. 1432) (March 22, 2005) (Justice Kennedy)

In his dissent, Justice Souter described the issues before the Court in this case as follows:

“From a time long before William Payton’s trial, it has been clear law under the Eighth and Fourteenth Amendments that a sentencing jury in a capital case must be able to consider and give ...

 

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