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PENSINGER v. CALIFORNIA

No. 91-5473.

502 U.S. 930 (1991)

PENSINGER v. CALIFORNIA.

Supreme Court of United States.

October 21, 1991.

Certiorari denied.

JUSTICE O'CONNOR, with whom JUSTICE KENNEDY joins, dissenting.

Petitioner claims that the California Supreme Court reviewed his death sentence in a manner inconsistent with this Court's holding in Clemons v. Mississippi, 494 U.S. 738 (1990). I agree; I would grant the petition, vacate petitioner's death sentence, and remand to the California Supreme Court.

At the guilt phase of a capital...

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