Romano v. Oklahoma

512 U.S. 1, 114 S. Ct. 2004, 129 L. Ed. 2d 1, 1994 U.S. LEXIS 4585
CourtSupreme Court of the United States
DecidedJune 13, 1994
Docket92-9093
StatusPublished
Cited by586 cases

This text of 512 U.S. 1 (Romano v. Oklahoma) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Romano v. Oklahoma, 512 U.S. 1, 114 S. Ct. 2004, 129 L. Ed. 2d 1, 1994 U.S. LEXIS 4585 (1994).

Opinions

Chief Justice Rehnquist

delivered the opinion of the Court.

Petitioner murdered and robbed Roger Sarfaty in 1985. In 1986, he murdered and robbed Lloyd Thompson. Petitioner was tried separately for each murder. The Thompson trial occurred first, and an Oklahoma jury found petitioner guilty and sentenced him to death. Petitioner was then tried for the Sarfaty murder. A different Oklahoma jury found him guilty and sentenced him to death. During the sentencing phase of the Sarfaty trial, the State introduced a copy of the judgment and sentence petitioner received for the Thompson murder. Petitioner contends that the admission of evidence regarding his prior death sentence undermined the Sarfaty jury’s sense of responsibility for determining the appropriateness of the death penalty, in violation of the Eighth and Fourteenth Amendments. We disagree and hold that the admission of this evidence did not amount to constitutional error.

In Oklahoma, capital trials are bifurcated into guilt and sentencing phases. Okla. Stat., Tit. 21, § 701.10 (1981). The [4]*4sentencing jury may not impose a death sentence unless it unanimously finds the existence of at least one statutory aggravating circumstance beyond a reasonable doubt, and that any aggravating circumstances outweigh any mitigating circumstances. §701.12. At the sentencing phase of the Sarfaty trial, the State sought to prove four aggravating circumstances, two of which are relevant to our decision: (1) that petitioner had been previously convicted of a violent felony; and (2) that petitioner would constitute a continuing threat to society.1

In attempting to establish these two aggravating circumstances, the State introduced evidence relating to the Thompson murder. The State presented testimony by Thompson’s neighbor concerning her observations the day of the murder, Thompson’s autopsy report, and photographs and fingerprints showing that the defendant in the Thompson case was in fact petitioner. The State also introduced a copy of the judgment and sentence from the Thompson murder conviction. That document revealed that petitioner had been convicted of first-degree murder and had been sentenced to death. App. 5-6. It also showed, and the trial court told the jury, that petitioner planned on appealing from the judgment and sentence. Id., at 7. Petitioner’s counsel objected to the admission of the document. He argued that, regardless of the admissibility of the evidence of petitioner’s conviction, the death sentence petitioner received was not proper for the jury to consider. The trial court overruled the objection and admitted the evidence. Petitioner later presented evidence in mitigation.

Before closing arguments, the trial court instructed the jury. It identified the four aggravating circumstances the State sought to establish and told the jury that “[i]n determining which sentence you may impose in this case, you may [5]*5consider only those [four] circumstances.” Id., at 9. The court then identified the 17 mitigating circumstances offered by petitioner. The jury was instructed that it could not impose the death penalty unless it unanimously found that one or more aggravating circumstances existed beyond a reasonable doubt and that any such circumstances outweighed any mitigating circumstances. Id., at 8-12. In closing, the court admonished the jury:

“You are the determiner of the facts. The importance and worth of the evidence is for you to decide.
“I have made rulings during the second part of this trial. In ruling, I have not in any way suggested to you, nor intimidated [sic] in any way, what you should decide. I do not express any opinion whether or not aggravating circumstances or mitigating circumstances did or did not exist, nor do I suggest to you in any way the punishment to be imposed by you.
“You must not use any kind of chance in reaching a verdict, but you must rest it on the belief of each of you who agrees with it.” Id., at 13.

The jury found that all four aggravating circumstances existed and that they outweighed the mitigating circumstances. It accordingly imposed a death sentence. Petitioner appealed. While his appeal in this case was pending, the Oklahoma Court of Criminal Appeals overturned petitioner’s conviction for the Thompson murder. See Romano v. Oklahoma, 827 P. 2d 1335 (1992) (Romano I). The Oklahoma Court of Criminal Appeals held that petitioner’s trial should have been severed from that of his codefendant; it therefore reversed and remanded for a new trial.2

In his appeal in this case, petitioner argued, inter alia, that the trial court erred by admitting evidence of his conviction and sentence for the Thompson murder. He asserted [6]*6that it was improper to admit the conviction because it was not final at the time of admission, and it had since been overturned. He also contended that the evidence of his death sentence in the Thompson case impermissibly reduced the Sarfaty sentencing jury’s sense of responsibility for its decision, in violation of Caldwell v. Mississippi, 472 U. S. 320 (1985).

The Oklahoma Court of Criminal Appeals affirmed. 847 P. 2d 368, 390 (1993) (Romano II). The Oklahoma court concluded that the evidence regarding petitioner’s prior death sentence was irrelevant. Because the jury was properly instructed in this case, however, it could not be said “that the jury in any way shifted the responsibility for their decision or considered their decision any less significant than they would otherwise.” Ibid. The Court of Criminal Appeals further held that the admission of the evidence “did not so infect the sentencing determination with unfairness as to make the determination to impose the death penalty a denial of due process.” Id., at 391.

Petitioner sought our review, and we granted certiorari, limited to the following question: “Does admission of evidence that a capital defendant already has been sentenced to death in another case impermissibly undermine the sentencing jury’s sense of responsibility for determining the appropriateness of the defendant’s death, in violation of the Eighth and Fourteenth Amendments?” 510 U. S. 943 (1993). We now affirm.

It is helpful to begin by placing petitioner’s challenge within the larger context of our Eighth Amendment death penalty jurisprudence. We have held that the Eighth Amendment’s concern that the death penalty be both appropriate and not randomly imposed requires the States to perform two somewhat contradictory tasks in order to impose the death penalty.

First, States must properly establish a threshold below which the penalty cannot be imposed. McCleskey v. Kemp, [7]*7481 U. S. 279, 305 (1987). To ensure that this threshold is met, the “State must establish rational criteria that narrow the decisionmaker’s judgment as to whether the circumstances of a particular defendant’s case meet the threshold.” Ibid. As we stated in Lowenfield v. Phelps, 484 U. S. 231

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Cite This Page — Counsel Stack

Bluebook (online)
512 U.S. 1, 114 S. Ct. 2004, 129 L. Ed. 2d 1, 1994 U.S. LEXIS 4585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/romano-v-oklahoma-scotus-1994.