Supreme Court Review 2016/2017 TERM
SATURDAY, SEPTEMBER 23, 2017
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Issue:  Booth v. Maryland

Bosse v. Oklahoma

15-9173

QUESTION(S) PRESENTED

Do Oklahoma courts violate the eighth amendment and this court's holdings in Booth v. Maryland and Payne v. Tennessee when they consistently allow for the admission of victim impact testimony in capital sentencing trials that consists of family members' characterizations of the crime and family members' sentencing recommendations?
 

DECISION

GRANTED, VACATED AND REMANDED ON OCTOBER 11, 2016
There are no intervening cases assigned to this case. HOLDING

We grant certiorari and the motion for leave to proceed in forma pauperis, and now vacate the judgment of the Oklahoma Court of Criminal Appeals. The Oklahoma Court of Criminal Appeals remains bound by Booth’s prohibition on characterizations and opinions from a victim’s family members about the crime, the defendant, and the appropriate sentence unless this Court reconsiders that ban. The state court erred in con­cluding otherwise.

PER CURIAM.

Text of Opinion
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CERTIORARI STAGE

Granted October 11, 2016

Certiorari Stage Documents
      Petition for Certiorari (pdf download)
Brief in Opposition (pdf download)

PROCEEDING BELOW

Court of Criminal Appeals of Oklahoma
Decided October 16, 2015
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