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Syllabus
Buchanan v. Angelone, 522 U. S. 269, 277, as being sufficient to allow the jury to consider mitigating evidence. The judge also gave a specific instruction on mitigating evidence that was not given in Buchanan. The Constitution does not require anything more, as a jury is presumed both to follow its instructions, Richardson v. Marsh, 481 U. S. 200, 211, and to understand a judge's answer to its question, see, e. g., Armstrong v. Toler, 11 Wheat. 258, 279. To presume otherwise would require reversal every time a jury inquires about a matter of constitutional significance, regardless of the judge's answer. Here, the presumption gains additional support from empirical factors, including that each of the jurors affirmed the verdict in open court, they deliberated for more than two hours after receiving the judge's answer to their question, and defense counsel specifically explained to them during closing argument that they could find both aggravating factors proven and still not sentence petitioner to death. At best, Weeks has demonstrated only that there exists a slight possibility that the jury considered itself precluded from considering mitigating evidence. Such a demonstration is insufficient to prove a constitutional violation under Boyde v. California, 494 U. S. 370, 380, which requires the showing of a reasonable likelihood that the jury felt so restrained. It also appears that Weeks' attorney did not view the judge's answer to the jury's question as a serious flaw in the trial at that time, since he made an oral motion to set aside the death sentence and did not even mention this incident. And the low priority and space which counsel assigned to the point on direct appeal suggests that the present emphasis was an afterthought. Pp. 231-237.
2. Federal habeas relief is barred by 28 U. S. C. § 2254(d). For the foregoing reasons, it follows a fortiori that the adjudication of the State Supreme Court's affirmance of Weeks' sentence and conviction was neither "contrary to," nor involved an "unreasonable application of," any of this Court's decisions as the statute requires. P. 237.
176 F. 3d 249, affirmed.
Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. Stevens, J., filed a dissenting opinion, in which Ginsburg and Breyer, JJ., joined, and in which Souter, J., joined with respect to all but Part I, post, p. 237.
Mark Evan Olive argued the cause for petitioner. With him on the briefs were Glen A. Huff, Timothy M. Richardson, and Sterling H. Weaver.
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