Sawyer v. Whitley, 505 U.S. 333, 5 (1992)

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Cite as: 505 U. S. 333 (1992)

Opinion of the Court

only bits and pieces of the events. Petitioner's sister, Glenda White, testified about petitioner's deprived childhood, about his affection and care for her children, and that as a teenager petitioner had been confined to a mental hospital for "no reason," where he had undergone shock therapy. 2 App. 505-516. The jury found three statutory aggravating factors and no statutory mitigating factors and sentenced petitioner to death.2

Sawyer's conviction and sentence were affirmed on appeal by the Louisiana Supreme Court. State v. Sawyer, 422 So. 2d 95 (1982). We granted certiorari, and vacated and remanded with instructions to reconsider in light of Zant v. Stephens, 462 U. S. 862 (1983). Sawyer v. Louisiana, 463 U. S. 1223 (1983). On remand, the Louisiana Supreme Court reaffirmed the sentence. Sawyer v. State, 442 So. 2d 1136 (1983), cert. denied, 466 U. S. 931 (1984). Petitioner's first petition for state postconviction relief was denied. Louisiana ex rel. Sawyer v. Maggio, 479 So. 2d 360, reconsideration denied, 480 So. 2d 313 (La. 1985).3 In 1986, Sawyer filed his first federal habeas petition, raising 18 claims, all of which were denied on the merits. See Sawyer v. Butler, 848 F. 2d 582 (CA5 1988), aff'd on rehearing en banc, 881 F. 2d 1273 (CA5 1989). We again granted certiorari and affirmed the Court of Appeals' denial of relief. Sawyer v. Smith, supra.4

2 The jury found the following statutory aggravating factors: "(1) that [Sawyer] was engaged in the commission of aggravated arson, (2) that the offense was committed in an especially cruel, atrocious and heinous manner, and (3) that [Sawyer] had previously been convicted of an unrelated murder." Id., at 100. The Louisiana Supreme Court held that the last aggravating circumstance was not supported by the evidence. Id., at 101.

3 The Louisiana Supreme Court twice remanded to the trial court for hearings on petitioner's ineffective-assistance-of-counsel claim. Louisiana ex rel. Sawyer v. Maggio, 450 So. 2d 355 (1984); Louisiana ex rel. Sawyer v. Maggio, 468 So. 2d 554 (1985).

4 In this earlier review, we held that Caldwell v. Mississippi, 472 U. S. 320 (1985), could not be applied retroactively to petitioner's case under Teague v. Lane, 489 U. S. 288 (1989).

337

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