Richmond v. Lewis, 506 U.S. 40, 2 (1992)

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Cite as: 506 U. S. 40 (1992)

Opinion of the Court

firm Richmond's death sentence, the question whether the principal opinion properly relied on the (F)(6) factor as narrowed in Gretzler need not be decided by this Court. Pp. 46-52.

948 F. 2d 1473, reversed and remanded.

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Blackmun, Stevens, Kennedy, Souter, and Thomas, JJ., joined. Thomas, J., filed a concurring opinion, post, p. 52. Scalia, J., filed a dissenting opinion, post, p. 53.

Timothy K. Ford argued the cause for petitioner. With him on the briefs were Judith H. Ramseyer and Carla Ryan.

Paul J. McMurdie argued the cause for respondents. With him on the brief were Grant Woods, Attorney General of Arizona, and Jack Roberts, Assistant Attorney General.

Justice O'Connor delivered the opinion of the Court.

The question in this case is whether the Supreme Court of Arizona has cured petitioner's death sentence of vagueness error.

I

On August 25, 1973, Bernard Crummett had the misfortune to meet Rebecca Corella in a Tucson, Arizona, bar. Crummett left the bar with Corella and, in the parking lot, met petitioner, who had been waiting for Corella with his girlfriend, Faith Erwin. Corella agreed to perform an act of prostitution with Crummett, and petitioner drove the group to Corella's hotel. There, Corella communicated to petitioner that Crummett was "loaded," and petitioner in turn whispered to Erwin that he intended to rob Crummett.

After Corella and Crummett concluded their encounter at the hotel, the group again went for a drive, this time to a deserted area outside Tucson, where, Crummett believed, Corella would perform another act of prostitution. Petitioner stopped the car and got out. He first struck Crummett to the ground and next threw several large rocks at Crummett's head. Crummett's watch and wallet were

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