Tuggle v. Netherland, 516 U.S. 10, 2 (1995) (per curiam)

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Cite as: 516 U. S. 10 (1995)

Per Curiam

aside, not the quite different proposition that a valid aggravator's existence always excuses a constitutional error in the admission or exclusion of evidence. Cf. Johnson v. Mississippi, 486 U. S. 578, 590. This Court does not customarily address in the first instance whether harmless-error analysis is applicable.

Certiorari granted; 57 F. 3d 1356, vacated and remanded.

Per Curiam.

In Zant v. Stephens, 462 U. S. 862 (1983), we held that a death sentence supported by multiple aggravating circumstances need not always be set aside if one aggravator is found to be invalid. Id., at 886-888. We noted that our holding did not apply in States in which the jury is instructed to weigh aggravating circumstances against mitigating circumstances in determining whether to impose the death penalty. Id., at 874, n. 12, 890. In this case, the Virginia Supreme Court and the Court of Appeals for the Fourth Circuit construed Zant as establishing a rule that in nonweighing States a death sentence may be upheld on the basis of one valid aggravating circumstance, regardless of the reasons for which another aggravating factor may have been found to be invalid. Because this interpretation of our holding in Zant is incorrect, we now grant the motion for leave to proceed in forma pauperis and the petition for a writ of certiorari and vacate the judgment of the Court of Appeals.

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Petitioner Tuggle was convicted of murder in Virginia state court. At his sentencing hearing, the Commonwealth presented unrebutted psychiatric testimony that petitioner demonstrated " 'a high probability of future dangerousness.' " Tuggle v. Commonwealth, 230 Va. 99, 107, 334 S. E. 2d 838, 844 (1985), cert. denied, Tuggle v. Virginia, 478 U. S. 1010 (1986). After deliberations, the jury found that the Commonwealth had established Virginia's two statutory aggravating circumstances, "future dangerousness" and "vileness";

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