Shell v. Mississippi
498 U.S. 1 (1990)

Annotate this Case

U.S. Supreme Court

Shell v. Mississippi, 498 U.S. 1 (1990)

Shell v. Mississippi

No. 89-7279

Decided Oct. 29, 1990

498 U.S. 1

ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT

OF MISSISSIPPI

PER CURIAM.

The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. To the extent that the Mississippi Supreme Court, 554 So.2d 887, relied on the "especially heinous, atrocious, or cruel" aggravating factor in affirming petitioner's death sentence, its decision is reversed. See Maynard v. Cartwright,486 U. S. 356 (1988). Although the trial court in this case used a limiting instruction to define the "especially heinous, atrocious, or cruel" factor, that instruction is not constitutionally sufficient. See Godfrey v. Georgia,446 U. S. 420 (1980); Cartwright v. Maynard, 822 F.2d 1477, 1489-1491 (CA10 1987), aff'd,486 U. S. 356 (1988). The case is remanded to the Mississippi Supreme Court for further consideration in light of Clemons v. Mississippi,494 U. S. 738 (1990).

It is so ordered.

Page 498 U. S. 2

Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.