Arave v. Creech, 507 U.S. 463, 15 (1993)

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

Opinion of the Court

courts properly have applied an aggravating circumstance is separate from the question whether the circumstance, as narrowed, is facially valid. See 497 U. S., at 778-780. To be sure, we previously have examined other state decisions when the construction of an aggravating circumstance has been unclear. In Sochor v. Florida, 504 U. S. 527 (1992), for example, the argument was that the state courts had not adhered to a single limiting construction of Florida's "heinous, atrocious, or cruel" circumstance. Id., at 536-537; see also Proffitt v. Florida, 428 U. S., at 255, n. 12 ( joint opinion of Stewart, Powell, and Stevens, JJ.) (reviewing other cases to establish that the state courts had construed an aggravating circumstance consistently). Under our precedents, a federal court may consider state court formulations of a limiting construction to ensure that they are consistent. But our decisions do not authorize review of state court cases to determine whether a limiting construction has been applied consistently.

A comparative analysis of state court cases, moreover, would be particularly inappropriate here. The Idaho Supreme Court upheld Creech's death sentence in 1983—before it had applied Osborn to any other set of facts. None of the decisions on which the dissent relies, or upon which Creech asks us to invalidate his death sentence, influenced either the trial judge who sentenced Creech or the appellate judges who upheld the sentence. And there is no question that Idaho's formulation of its limiting construction has been consistent. The Idaho Supreme Court has reaffirmed its original interpretation of "utter disregard" repeatedly, often reciting the definition given in Osborn verbatim. See, e. g., State v. Card, 121 Idaho 425, 435-436, 825 P. 2d 1081, 1091-1092 (1991) (citing cases), cert. denied, 506 U. S. 915 (1992). It also has explained that "utter disregard" differs from Idaho's "heinous, atrocious or cruel" aggravating circumstance, Idaho Code § 19-2515(g)(5) (1987), because the Osborn construction focuses on the defendant's state of mind. State v.

477

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