Lowenfield v. Phelps

Lowenfield v. Phelps

Argued October 14, 1987
Decided January 13, 1988
Full case name Lowenfield v. Phelps, Secretary, Louisiana Department of Corrections, et al.
Citations

484 U.S. 231 (more)

108 S. Ct. 546; 98 L. Ed. 2d 568; 1988 U.S. LEXIS 313; 56 U.S.L.W. 4071
Holding
Affirmed.
Court membership
Chief Justice
William Rehnquist
Case opinions
Majority Rehnquist, joined by White, Blackmun, O'Connor, Scalia, Stevens (part III, except the last sentence)
Dissent Marshall, joined by Brennan; Stevens (part I)

Lowenfield v. Phelps, 484 U.S. 231 (1988) is a United States Supreme Court case in which the Court held that the two jury polls and the supplemental charge did not impermissibly coerce the jury to return a death sentence, and that the death sentence does not violate the Eighth Amendment simply because the single statutory "aggravating circumstance" found by the jury duplicates an element of the underlying offense of first-degree murder.

Though it is not clear why and unreported in the text, Justice Kennedy did not take part in the decision and there is no mention of his name in the official reports.

See also

References

    External links

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