King v. Mississippi

Background

A state case from Mississippi resulted in a death sentence that was brought to the United States Supreme Court for review. The Court issued a short entry: “Certiorari denied,” meaning it declined to take up the case. Two Justices—Brennan and Marshall—wrote dissents saying they would have granted review and would have vacated the death sentence.

Reasoning

The main procedural question was whether the Supreme Court should hear and decide the case. The Court declined to hear it, so there is no majority opinion explaining or changing the law on the death penalty or on the contested jury instruction. Because review was denied, the lower-court decision and the sentence remain in force, and the Court did not resolve the constitutional questions raised.

Real world impact

The immediate effect of the denial is that the defendant’s death sentence remains in place and the Supreme Court did not rule on whether the death penalty is constitutional or on the permissibility of certain jury sentencing instructions. Because the denial is not a decision on the merits, the legal questions described by the dissenting Justices can still be raised in future cases, and nothing in this short entry changes lower-court law by the Supreme Court.

Dissents or concurrances

Justice Brennan stated his long-held view that the death penalty is always cruel and unusual and should be forbidden. Justice Marshall reiterated that view and separately urged review to consider whether telling a jury it must impose death when aggravating factors outweigh mitigating ones is constitutionally permissible.