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BOYDE v. CALIFORNIA

No. 88-6613.

494 U.S. 370 (1990)

110 S.Ct. 1190

108 L.Ed.2d 316

BOYDE v. CALIFORNIA

Supreme Court of United States.

Decided March 5, 1990

Attorney(s) appearing for the Case

Dennis A. Fischer, by appointment of the Court, 493 U.S. 952, argued the cause for petitioner. With him on the briefs was John M. Bishop.

Frederick R. Millar, Jr., Supervising Deputy Attorney General of California, argued the cause for respondent. With him on the brief were John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, Harley D. Mayfield, Senior Assistant Attorney General, and Jay M. Bloom, Supervising Deputy Attorney General.*

CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

This case requires us to decide whether two California jury instructions used in the penalty phase of petitioner's capital murder trial and in other California capital cases before each was modified in 1983 and 1985, respectively, are consistent with the requirements of the Eighth Amendment. We hold that they are.

Petitioner Richard Boyde was found guilty by a jury in the robbery, kidnaping, and murder...

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