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DUGGER v. ADAMS

No. 87-121.

489 U.S. 401 (1989)

109 S.Ct. 1211

103 L.Ed.2d 435

DUGGER, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, ET AL. v. ADAMS

Supreme Court of United States.

Decided February 28, 1989

Attorney(s) appearing for the Case

Margene A. Roper, Assistant Attorney General of Florida, argued the cause for petitioners. With her on the brief was Robert A. Butterworth, Attorney General.

Ronald J. Tabak argued the cause for respondent. With him on the brief were Larry Helm Spalding and Mark Olive.*

Michael Mello and Susan Apel filed a brief for the National Legal Aid and Defender Association et al. as amici curiae.

JUSTICE WHITE delivered the opinion of the Court.

In this case we decide whether our decision in Caldwell v. Mississippi, 472 U.S. 320 (1985), provided cause for respondent's failure to challenge the trial court's instructions in accordance with state procedures.

Respondent Aubrey Dennis Adams, Jr., was charged with the first-degree murder of 8-year-old Trisa Gail Thornley, and the State sought to impose the death...

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