noting that the "`especially heinous' instruction did not change the mix of evidence presented to the jury in [ Clemons]" and "that fact alone did not support a finding of harmlessness"
Summary of this case from Warden v. SandersNo. 90-1890.
October 7, 1991, OCTOBER TERM, 1991.
C.A. 4th Cir. Certiorari denied. Reported below: 924 F. 2d 550.
noting that the "`especially heinous' instruction did not change the mix of evidence presented to the jury in [ Clemons]" and "that fact alone did not support a finding of harmlessness"
Summary of this case from Warden v. Sandersobserving that California, like Mississippi, "requires its juries to weigh aggravating and mitigating circumstances"
Summary of this case from Tuilaepa v. CaliforniaFull title:CLARK v. MERRILL LYNCH, PIERCE, FENNER SMITH, INC., ET AL
Court:U.S.
Date published: Oct 7, 1991
But it is wrong to depart without explanation from Clemons' unanimous holding — a holding that at least two…
U.S. v. CashFaretta, 422 U.S. at 835, 95 S.Ct. at 2541 (citation omitted). The ideal method of assuring that a waiver is…