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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- ROMANO v. OKLAHOMA
- certiorari to the court of criminal appeals of
- oklahoma
- No. 92-9093. Argued March 22, 1994-Decided June 13, 1994
-
- During the sentencing phase of petitioner's first-degree murder trial
- in Oklahoma, the State introduced a copy of the judgment and
- death sentence he had received during an earlier trial for another
- murder. The jury ultimately found that the aggravating circum-
- stances outweighed the mitigating circumstances, and imposed a
- second death sentence on petitioner. In affirming, the Oklahoma
- Court of Criminal Appeals acknowledged that the evidence of
- petitioner's prior death sentence was irrelevant to determining the
- appropriateness of the second death sentence, but held that admis-
- sion of the evidence did not violate the Eighth and Fourteenth
- Amendments under Caldwell v. Mississippi, 472 U. S. 320, or so
- infect the sentencing determination with unfairness as to amount
- to a denial of due process.
- Held: The admission of evidence regarding petitioner's prior death
- sentence did not amount to constitutional error. Pp. 4-12.
- (a) Admission of the evidence at issue did not contravene the
- principle established in Caldwell, supra, at 342 (O'Connor, J.,
- concurring in part and concurring in judgment), because the
- evidence did not affirmatively mislead the jury regarding its role
- in the sentencing process so as to diminish its sense of responsibil-
- ity for the capital sentencing decision. Such evidence was not
- false at the time it was admitted and did not even pertain to the
- jury's sentencing role. The trial court's instructions, moreover,
- emphasized the importance of that role and never conveyed or
- intimated that the jury could shift its responsibility in sentencing.
- Pp. 4-12.
- (b) Although the evidence in question may have been irrelevant,
- the jury's consideration of it did not render the sentencing pro-
- ceeding so unreliable that it violated the Eighth Amendment under
- Lockett v. Ohio, 438 U. S. 586, 604 (plurality opinion), and Wood-
- son v. North Carolina, 428 U. S. 280, 305. That the evidence may
- have been irrelevant as a matter of state law does not render its
- admission federal constitutional error. See Estelle v. McGuire, 502
- U. S. ___, ___. Dawson v. Delaware, 503 U. S. ___, ___, and Zant
- v. Stephens, 462 U. S. 862, 885, are plainly inapposite, since
- petitioner does not argue that admission of the evidence allowed
- the jury to consider, in aggravation, constitutionally protected
- conduct. Johnson v. Mississippi, 486 U. S. 578, 586, 590, n. 8, is
- also inapposite, since it is perfectly consistent with the Court of
- Criminal Appeals' approach and does not stand for the proposition
- that the mere admission of irrelevant and prejudicial evidence
- requires the overturning of a death sentence. This Court declines
- petitioner's request to fashion a federal code of general evidentiary
- rules, under the guise of interpreting the Eighth Amendment,
- which would supersede state rules in capital sentencing proceed-
- ings. Pp. 8-10.
- (c) Introduction of the evidence in question did not so infect the
- trial with unfairness as to render the jury's imposition of the
- death penalty a denial of due process under the analytical frame-
- work set forth in Donnelly v. DeChristoforo, 416 U. S. 637, 643.
- Presuming that the trial court's instructions were followed, they
- did not offer the jurors any means by which to give effect to the
- irrelevant evidence of petitioner's prior sentence, and the relevant
- evidence presented by the State was sufficient to justify the
- imposition of the death sentence in this case. Even assuming that
- the jury disregarded its instructions and allowed the irrelevant
- evidence to influence its decision, a finding of fundamental unfair-
- ness on the basis of this record would be an exercise in specula-
- tion, rather than reasoned judgment, since it seems equally plausi-
- ble that the evidence in question could have influenced the jurors
- either to impose, or not to impose, the death sentence. Pp. 10-12.
- 847 P. 2d 368, affirmed.
- Rehnquist, C. J., delivered the opinion of the Court, in which
- O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. O'Connor,
- J., filed a concurring opinion. Blackmun, J., filed a dissenting
- opinion. Ginsburg, J., filed a dissenting opinion, in which Black-
- mun, Stevens, and Souter, JJ., joined.
-