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SATTAZAHN v. PENNSYLVANIA

No. 01-7574.

537 U.S. 101 (2003)

123 S.Ct. 732

154 L.Ed.2d 588

SATTAZAHN v. PENNSYLVANIA

Supreme Court of United States.

Decided January 14, 2003.

Attorney(s) appearing for the Case

Robert Brett Dunham argued the cause for petitioner. With him on the briefs were Anne L. Saunders and John T. Adams.

Iva C. Dougherty argued the cause for respondent. With her on the brief were Mark C. Baldwin and Alisa R. Hobart.

Sri Srinivasan argued the cause pro hac vice for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Olson, Assistant Attorney General Chertoff, Deputy Solicitor General Dreeben, and Robert J. Erickson.

JUSTICE SCALIA announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, IV, and V, and an opinion with respect to Part III, in which THE CHIEF JUSTICE and JUSTICE THOMAS join.*

In this case, we consider once again the applicability of the Fifth Amendment's Double Jeopardy Clause in the context of capital-sentencing proceedings.

I

On Sunday evening, April 12, 1987, petitioner...

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