Jeffrey A. Beard, Secretary, Pennsylvania Department of Corrections, et al. v. George E. Banks (542 U.S. 406)
U.S. Supreme Court · decided June 24, 2004 · Supreme Court Database (Spaeth)
- Citation
- 542 U.S. 406 · 124 S. Ct. 2504
- Decided
- June 24, 2004
- Term
- October Term 2003
- Vote
- 5–4
- Majority author
- Justice Thomas
- Issue area
- Criminal Procedure
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
542 U.S. 406 (2004) BEARD, SECRETARY, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, ET AL. v. BANKS No. 02-1603. Supreme Court of United States. Argued February 24, 2004. Decided June 24, 2004. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT *407 THOMAS, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and O'CONNOR, SCALIA, and KENNEDY, JJ., joined. STEVENS, J., filed a dissenting opinion, in which SOUTER, GINSBURG, and BREYER, JJ., joined, post, p. 420. SOUTER, J., filed a dissenting opinion, in which GINSBURG, J., joined, post, p. 423. Ronald Eisenberg argued the cause for petitioners. With him on the briefs were Scott C. Gartley, Thomas W. Dolgenos, and Lynne Abraham. *408 Albert J. Flora, Jr., argued the cause for respondent. With him on the brief were Basil G. Russin, Joseph Cosgrove, Matthew C. Lawry, and Maureen Kearney Rowley. [*] JUSTICE THOMAS delivered the opinion of the Court. In Mills v. Maryland, 486 U.S. 367 (1988), and McKoy v. North Carolina, 494 U.S. 433 (1990), this Court held invalid capital sentencing schemes that require juries to disregard mitigating factors not found unanimously. In this case, we must determine whether the rule announced in Mills and McKoy can be applied on federal habeas corpus review to a defendant whose conviction became final in 1987. Under our retroactivity analysis as set forth in Teague v.…
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