concluding “there [was] no ambiguity in the language of [the instruction] concerning unanimity”
How later courts described this case
- concluding “there [was] no ambiguity in the language of [the instruction] concerning unanimity”
- “[I]f petitioner is correct, a jury that does not unanimously agree on the existence of any mitigating circumstance may not give mitigating evidence any effect whatsoever, and must impose the sentence of death.”
- defense counsel’s statement that jury is acceptable waives claimed error in voir dire process
Written by the judges who cited it.
The opinion
*73 MURPHY, Chief Judge,
concurring in the judgment:
I am in full agreement with the Court’s affirmance of Mills’ conviction for first degree murder. I also agree with the Court’s judgment affirming the imposition of the death penalty, although I do not fully concur with the Court’s construction of the statute and implementing rules, as set forth in Part VI of the opinion.