Arave v. Creech, 507 U.S. 463, 3 (1993)

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Cite as: 507 U. S. 463 (1993)

Opinion of the Court

courts' application of the "utter disregard" circumstance to the facts of this case violated the Constitution. See 497 U. S., at 783. Because Creech is already entitled to resentencing in state court on the basis of another of the Court of Appeals' rulings, the posture of the case makes it unnecessary for this Court to reach his remaining arguments. Pp. 478-479. 947 F. 2d 873, reversed in part and remanded.

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Scalia, Kennedy, Souter, and Thomas, JJ., joined. Blackmun, J., filed a dissenting opinion, in which Stevens, J., joined, post, p. 479.

Lynn E. Thomas, Deputy Attorney General of Idaho, argued the cause for petitioner. With her on the briefs was Larry EchoHawk, Attorney General.

Cliff Gardner argued the cause for respondent. With him on the brief was Claude M. Stern.

Justice O'Connor delivered the opinion of the Court.

In 1981 Thomas Eugene Creech beat and kicked to death a fellow inmate at the Idaho State Penitentiary. He pleaded guilty to first-degree murder and was sentenced to death. The sentence was based in part on the statutory aggravating circumstance that "[b]y the murder, or circumstances surrounding its commission, the defendant exhibited utter disregard for human life." Idaho Code § 19-2515(g)(6) (1987). The sole question we must decide is whether the "utter disregard" circumstance, as interpreted by the Idaho Supreme Court, adequately channels sentencing discretion as required by the Eighth and Fourteenth Amendments.

I

The facts underlying this case could not be more chilling. Thomas Creech has admitted to killing or participating in the killing of at least 26 people. The bodies of 11 of his victims—who were shot, stabbed, beaten, or strangled to death—have been recovered in seven States. Creech has

465

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