Labels:book | reckoner | sky | tree OCR: 400. The statc appellate court should not have been con strained and confincd to state supreme court precedents that were decided before this Court's holding in Bulling ton Under such reasoning, thhe state appellate court could have believed could base TA decision on the initial 110ld ing in State ret Westfall Mason, 494 S.W 2d 908 (1980 and simply overlook this Court's intervening Te- versal of that decision The only facts that differentiate Bullington's sentencing trial from Bohlen's the possible outcome death life imprisonment. opposcd imprisorment foT term years; and the possibility IT rather than judgc-madc fact determination "When decision. of this Court merely har applicd settled precedents to new and different factual situa tions 110 real question [of retroacti vity} has arisen. su ...
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