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MOORE v. BLACKBURN

No. 85-5555.

476 U.S. 1176 (1986)

MOORE v. BLACKBURN, WARDEN.

Supreme Court of United States.

June 9, 1986.

Certiorari denied.

JUSTICE MARSHALL, with whom JUSTICE BRENNAN joins, dissenting.

The petitioner in this case was sentenced to death by a jury that was "led to believe that the responsibility for determining the appropriateness of [his] death rests elsewhere," Caldwell v. Mississippi, 472 U.S. 320, 329 (1985). Under our recent decision in Caldwell, petitioner's sentence cannot stand unless this error "had...

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