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- SUPREME COURT OF THE UNITED STATES
- --------
- No. 92-9093
- --------
- JOHN JOSEPH ROMANO, PETITIONER
- v. OKLAHOMA
- on writ of certiorari to the court of criminal
- appeals of oklahoma
- [June 13, 1994]
-
- Justice O'Connor, concurring.
- The Court today, relying in part on my opinion in
- Caldwell v. Mississippi, 472 U. S. 320, 341 (1985),
- rejects petitioner's claim that the introduction of evi-
- dence of a prior death sentence impermissibly under-
- mined the jury's sense of responsibility. I write sepa-
- rately to explain why in my view petitioner's Caldwell
- claim fails. The inaccuracy of the prosecutor's argument
- in Caldwell was essential to my conclusion that the
- argument was unconstitutional. See id., at 342 (-the
- prosecutor's remarks were impermissible because they
- were inaccurate and misleading in a manner that
- diminished the jury's sense of responsibility-). An
- accurate description of the jury's role-even one that
- lessened the jury's sense of responsibility-would have
- been constitutional. Ibid. (-a misleading picture of the
- jury's role is not sanctioned by [California v. Ramos, 463
- U. S. 992 (1983),] [b]ut neither does Ramos suggest that
- the Federal Constitution prohibits the giving of accurate
- instructions regarding post-sentencing procedures-).
- Accordingly, I believe that petitioner's Caldwell claim
- fails because the evidence here was accurate at the time
- it was admitted. Petitioner's sentencing jury was told
- that he had been sentenced to death-and indeed he had
- been. Introducing that evidence is no different than
- providing the jury with an accurate description of a
- State's appellate review process. Both may (though we
- can never know for sure) lessen the jury's sense of
- responsibility, but neither is unconstitutional. Though
- evidence like that involved in this case can rise to the
- level of a Caldwell violation, to do so the evidence must
- be both inaccurate and tend to undermine the jury's
- sense of responsibility. Caldwell, supra, at 342.
- It may well have been better practice for the State to
- agree to accept petitioner's stipulation offer, or to excise
- the sentencing information before submitting the
- Judgment and Sentence form to the jury. But under our
- precedents, because this evidence was accurate, I do not
- believe its introduction violated the Constitution.
-
-