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CALIFORNIA v. RAMOS

No. 81-1893.

463 U.S. 992 (1983)

103 S.Ct. 3446

77 L.Ed.2d 1171

CALIFORNIA v. RAMOS

Supreme Court of United States.

Decided July 6, 1983

Attorney(s) appearing for the Case

Harley D. Mayfield, Deputy Attorney General of California, argued the cause for petitioner. With him on the brief were George Deukmejian, Attorney General, Robert Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, and Jay M. Bloom, Deputy Attorney General.

Ezra Hendon, by appointment of the Court, 459 U.S. 964, argued the cause and filed a brief for respondent.

JUSTICE O'CONNOR delivered the opinion of the Court.

This case requires us to consider the constitutionality under the Eighth and Fourteenth Amendments of instructing a capital sentencing jury regarding the Governor's power to commute a sentence of life without possibility of parole. Finding no constitutional defect in the instruction, we reverse the decision of the Supreme Court of California and remand for further proceedings.

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