October Term 2006 · Docket 05-1575
Can a defendant waive the right to present mitigating evidence in a death penalty case?
The dispute centers on whether a defendant can voluntarily waive the constitutional right to present mitigating evidence during sentencing.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Mr. Cattani argued the Ninth Circuit's rejection of the state court's factual finding was improper under AEDPA.
Mr. Verrilli clarified the scope of the waiver argument before the Court.
Justice Stevens questioned whether the Constitution requires a procedure to ensure a voluntary waiver of rights.
Justice Scalia noted the defendant confirmed in open court that he did not want mitigating evidence introduced.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 10, lines 19-27 — Transcript, file page 10, lines 19-27
- Official Supreme Court Transcript — file page 10, lines 7-15 — Transcript, file page 10, lines 7-15
- Official Supreme Court Transcript — file page 3, lines 17-9 — Transcript, file page 3, lines 17-9
- Official Supreme Court Transcript — file page 3, lines 7-15 — Transcript, file page 3, lines 7-15
- Official Supreme Court Transcript — file page 31, lines 7-43 — Transcript, file page 31, lines 7-43
- Official Supreme Court Transcript — file page 4, lines 11-15 — Transcript, file page 4, lines 11-15
- Official Supreme Court Transcript — file page 4, lines 21-27 — Transcript, file page 4, lines 21-27
- Official Supreme Court Transcript — file page 4, lines 49-9 — Transcript, file page 4, lines 49-9
- Official Supreme Court Transcript — file page 5, lines 19-47 — Transcript, file page 5, lines 19-47
- Official Supreme Court Transcript — file page 58, lines 3-7 — Transcript, file page 58, lines 3-7
- Official Supreme Court Transcript — file page 6, lines 21-27 — Transcript, file page 6, lines 21-27
- Official Supreme Court Transcript — file page 6, lines 43-45 — Transcript, file page 6, lines 43-45
- Official Supreme Court Transcript — file page 7, lines 39-39 — Transcript, file page 7, lines 39-39
- Official Supreme Court Transcript — file page 7, lines 7-11 — Transcript, file page 7, lines 7-11
- Official Supreme Court Transcript — file page 8, lines 49-9 — Transcript, file page 8, lines 49-9
- Official Supreme Court Transcript — file page 9, lines 17-35 — Transcript, file page 9, lines 17-35
A citizen's guide to the whole case
What this case is about
This case examines the validity of a defendant's waiver of mitigating evidence. the side that brought the case argues the lower court erred in rejecting the state court's factual finding. the opposing side contends the waiver was not voluntary or informed.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 17-9 — Transcript, file page 3, lines 17-9
- Official Supreme Court Transcript — file page 31, lines 7-43 — Transcript, file page 31, lines 7-43
How the case got here
The Supreme Court heard oral argument in this case on January 9, 2007.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 7-15 — Transcript, file page 3, lines 7-15
- Official Supreme Court Transcript — file page 58, lines 3-7 — Transcript, file page 58, lines 3-7
What each side wants
the side that brought the case wants the Supreme Court to affirm the district court's finding that the defendant waived his rights.
the opposing side wants the Supreme Court to reverse the district court's finding and restore the mitigating evidence.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 17-9 — Transcript, file page 3, lines 17-9
- Official Supreme Court Transcript — file page 31, lines 7-43 — Transcript, file page 31, lines 7-43
What each side says
the side that brought the case argues the Ninth Circuit improperly rejected the state court's factual determination under the AEDPA standard.
the opposing side argues the record does not show a voluntary and informed waiver of constitutional rights.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 17-9 — Transcript, file page 3, lines 17-9
- Official Supreme Court Transcript — file page 31, lines 7-43 — Transcript, file page 31, lines 7-43
What the justices asked
Justice Kennedy asked if the district court can only hold a hearing at a specific time.
Justice Scalia asked how the defendant could claim a lack of waiver after confirming in open court that he did not want mitigating evidence introduced.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 19-27 — Transcript, file page 10, lines 19-27
- Official Supreme Court Transcript — file page 10, lines 7-15 — Transcript, file page 10, lines 7-15
- Official Supreme Court Transcript — file page 4, lines 11-15 — Transcript, file page 4, lines 11-15
- Official Supreme Court Transcript — file page 4, lines 21-27 — Transcript, file page 4, lines 21-27
- Official Supreme Court Transcript — file page 4, lines 49-9 — Transcript, file page 4, lines 49-9
- Official Supreme Court Transcript — file page 5, lines 19-47 — Transcript, file page 5, lines 19-47
- Official Supreme Court Transcript — file page 58, lines 3-7 — Transcript, file page 58, lines 3-7
- Official Supreme Court Transcript — file page 6, lines 21-27 — Transcript, file page 6, lines 21-27
- Official Supreme Court Transcript — file page 6, lines 43-45 — Transcript, file page 6, lines 43-45
- Official Supreme Court Transcript — file page 7, lines 39-39 — Transcript, file page 7, lines 39-39
- Official Supreme Court Transcript — file page 7, lines 7-11 — Transcript, file page 7, lines 7-11
- Official Supreme Court Transcript — file page 8, lines 49-9 — Transcript, file page 8, lines 49-9
- Official Supreme Court Transcript — file page 9, lines 17-35 — Transcript, file page 9, lines 17-35
Why it matters
This case defines the scope of a defendant's ability to waive constitutional rights in capital sentencing. It clarifies the standard for reviewing state court factual findings in federal habeas cases. The outcome impacts the procedural rights of defendants facing the death penalty.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 17-9 — Transcript, file page 3, lines 17-9
- Official Supreme Court Transcript — file page 31, lines 7-43 — Transcript, file page 31, lines 7-43
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 19-27 — Transcript, file page 10, lines 19-27
- Official Supreme Court Transcript — file page 10, lines 7-15 — Transcript, file page 10, lines 7-15
- Official Supreme Court Transcript — file page 3, lines 7-15 — Transcript, file page 3, lines 7-15
- Official Supreme Court Transcript — file page 4, lines 11-15 — Transcript, file page 4, lines 11-15
- Official Supreme Court Transcript — file page 4, lines 21-27 — Transcript, file page 4, lines 21-27
- Official Supreme Court Transcript — file page 4, lines 49-9 — Transcript, file page 4, lines 49-9
- Official Supreme Court Transcript — file page 5, lines 19-47 — Transcript, file page 5, lines 19-47
- Official Supreme Court Transcript — file page 58, lines 3-7 — Transcript, file page 58, lines 3-7
- Official Supreme Court Transcript — file page 6, lines 21-27 — Transcript, file page 6, lines 21-27
- Official Supreme Court Transcript — file page 6, lines 43-45 — Transcript, file page 6, lines 43-45
- Official Supreme Court Transcript — file page 7, lines 39-39 — Transcript, file page 7, lines 39-39
- Official Supreme Court Transcript — file page 7, lines 7-11 — Transcript, file page 7, lines 7-11
- Official Supreme Court Transcript — file page 8, lines 49-9 — Transcript, file page 8, lines 49-9
- Official Supreme Court Transcript — file page 9, lines 17-35 — Transcript, file page 9, lines 17-35
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 3, lines 17-9 — Transcript, file page 3, lines 17-9
- Official Supreme Court Transcript — file page 31, lines 7-43 — Transcript, file page 31, lines 7-43
- Official Supreme Court Transcript — file page 3, lines 17-9 — Transcript, file page 3, lines 17-9
- Official Supreme Court Transcript — file page 31, lines 7-43 — Transcript, file page 31, lines 7-43
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.