October Term 2006 · Docket 06-313
Does a prosecutor's duty argument violate the Constitution?
The dispute centers on whether a prosecutor's closing argument improperly pressured the jury to return a death verdict.
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
Ms. Spillars argued for the side that brought the case. She stated the fairness standard is general. She requested more leeway for state courts under AEDPA. She emphasized the need for deference to state decisions.
Mr. Blume argued for the opposing side. He referenced the former prosecutor's brief. He discussed the penalty phase closing argument. He defended the conduct of the trial prosecutor. He highlighted the context of the specific remarks.
Justice Stevens questioned the accuracy of the legal argument. He asked if the argument misstated the law. He probed the specific wording used by the prosecutor. He sought to understand the legal implications of the remarks.
Justice Souter inquired about the relevance of a historical figure. He asked if the argument related to evidence. He sought to clarify the connection between the reference and the case facts. He wanted to understand the purpose of that specific mention.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 16, lines 37-39 — Transcript, file page 16, lines 37-39
- Official Supreme Court Transcript — file page 26, lines 33-51 — Transcript, file page 26, lines 33-51
- Official Supreme Court Transcript — file page 3, lines 17-17 — Transcript, file page 3, lines 17-17
- 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 41-47 — Transcript, file page 4, lines 41-47
- Official Supreme Court Transcript — file page 5, lines 33-39 — Transcript, file page 5, lines 33-39
- Official Supreme Court Transcript — file page 5, lines 43-45 — Transcript, file page 5, lines 43-45
- Official Supreme Court Transcript — file page 5, lines 5-7 — Transcript, file page 5, lines 5-7
- Official Supreme Court Transcript — file page 56, lines 19-12 — Transcript, file page 56, lines 19-12
- Official Supreme Court Transcript — file page 6, lines 43-47 — Transcript, file page 6, lines 43-47
- Official Supreme Court Transcript — file page 6, lines 7-11 — Transcript, file page 6, lines 7-11
- Official Supreme Court Transcript — file page 61, lines 13-35 — Transcript, file page 61, lines 13-35
- Official Supreme Court Transcript — file page 7, lines 17-21 — Transcript, file page 7, lines 17-21
- Official Supreme Court Transcript — file page 7, lines 29-33 — Transcript, file page 7, lines 29-33
- Official Supreme Court Transcript — file page 7, lines 3-5 — Transcript, file page 7, lines 3-5
- Official Supreme Court Transcript — file page 8, lines 29-21 — Transcript, file page 8, lines 29-21
- Official Supreme Court Transcript — file page 8, lines 5-21 — Transcript, file page 8, lines 5-21
- Official Supreme Court Transcript — file page 9, lines 35-9 — Transcript, file page 9, lines 35-9
A citizen's guide to the whole case
What this case is about
This case examines the limits of prosecutorial conduct during a capital trial's penalty phase. The core issue involves the interpretation of a specific closing argument. The lower court found the argument acceptable under existing standards. the side that brought the case challenges that finding as a constitutional violation. the opposing side defends the lower court's decision.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 37-39 — Transcript, file page 16, lines 37-39
- Official Supreme Court Transcript — file page 26, lines 33-51 — Transcript, file page 26, lines 33-51
- Official Supreme Court Transcript — file page 3, lines 17-17 — Transcript, file page 3, lines 17-17
- Official Supreme Court Transcript — file page 61, lines 13-35 — Transcript, file page 61, lines 13-35
How the case got here
The Supreme Court heard oral argument in this case on March 21, 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 56, lines 19-12 — Transcript, file page 56, lines 19-12
What each side wants
the side that brought the case wants the Court to reverse the lower court's decision. the side that brought the case argues the prosecutor's argument was unconstitutional. the side that brought the case seeks a new penalty phase or a life sentence. the side that brought the case claims the argument improperly influenced the jury's decision.
the opposing side wants the Court to affirm the lower court's decision. the opposing side argues the prosecutor's argument was within legal bounds. the opposing side seeks to uphold the death sentence. the opposing side claims the argument did not violate the Constitution.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 37-39 — Transcript, file page 16, lines 37-39
- Official Supreme Court Transcript — file page 26, lines 33-51 — Transcript, file page 26, lines 33-51
- Official Supreme Court Transcript — file page 3, lines 17-17 — Transcript, file page 3, lines 17-17
- Official Supreme Court Transcript — file page 61, lines 13-35 — Transcript, file page 61, lines 13-35
What each side says
the side that brought the case contends the prosecutor's argument created an improper duty. the side that brought the case argues this duty pressured the jury to choose death. the side that brought the case claims this violated the defendant's right to a fair trial. the side that brought the case asserts the argument was a misstatement of the law.
the opposing side contends the prosecutor's argument was a permissible appeal. the opposing side argues the argument did not explicitly demand a death verdict. the opposing side claims the argument referenced the evidence and the case's severity. the opposing side asserts the lower court applied the correct legal standard.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 37-39 — Transcript, file page 16, lines 37-39
- Official Supreme Court Transcript — file page 26, lines 33-51 — Transcript, file page 26, lines 33-51
- Official Supreme Court Transcript — file page 3, lines 17-17 — Transcript, file page 3, lines 17-17
- Official Supreme Court Transcript — file page 61, lines 13-35 — Transcript, file page 61, lines 13-35
What the justices asked
Justice Stevens asked if the argument contained misstatements of the law. Justice Stevens inquired if explicitly stating a duty to return death would be improper. Justice Souter questioned the relevance of a specific historical reference. Justice Kennedy asked if the argument was based on an improper emotional appeal. Justice Scalia sought clarification on the underlying premise of the argument.
Official sources for this section
- Official Supreme Court Transcript — file page 4, lines 41-47 — Transcript, file page 4, lines 41-47
- Official Supreme Court Transcript — file page 5, lines 33-39 — Transcript, file page 5, lines 33-39
- Official Supreme Court Transcript — file page 5, lines 43-45 — Transcript, file page 5, lines 43-45
- Official Supreme Court Transcript — file page 5, lines 5-7 — Transcript, file page 5, lines 5-7
- Official Supreme Court Transcript — file page 56, lines 19-12 — Transcript, file page 56, lines 19-12
- Official Supreme Court Transcript — file page 6, lines 43-47 — Transcript, file page 6, lines 43-47
- Official Supreme Court Transcript — file page 6, lines 7-11 — Transcript, file page 6, lines 7-11
- Official Supreme Court Transcript — file page 7, lines 17-21 — Transcript, file page 7, lines 17-21
- Official Supreme Court Transcript — file page 7, lines 29-33 — Transcript, file page 7, lines 29-33
- Official Supreme Court Transcript — file page 7, lines 3-5 — Transcript, file page 7, lines 3-5
- Official Supreme Court Transcript — file page 8, lines 29-21 — Transcript, file page 8, lines 29-21
- Official Supreme Court Transcript — file page 8, lines 5-21 — Transcript, file page 8, lines 5-21
- Official Supreme Court Transcript — file page 9, lines 35-9 — Transcript, file page 9, lines 35-9
Why it matters
This case defines the boundaries of prosecutorial rhetoric in capital trials. It clarifies when an argument about duty becomes an unconstitutional pressure. The outcome affects the fairness of future death penalty proceedings. It sets a standard for reviewing lower court decisions. The ruling impacts the rights of defendants in high-stakes criminal cases.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 37-39 — Transcript, file page 16, lines 37-39
- Official Supreme Court Transcript — file page 26, lines 33-51 — Transcript, file page 26, lines 33-51
- Official Supreme Court Transcript — file page 3, lines 17-17 — Transcript, file page 3, lines 17-17
- Official Supreme Court Transcript — file page 61, lines 13-35 — Transcript, file page 61, lines 13-35
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 3, lines 7-15 — Transcript, file page 3, lines 7-15
- Official Supreme Court Transcript — file page 4, lines 41-47 — Transcript, file page 4, lines 41-47
- Official Supreme Court Transcript — file page 5, lines 33-39 — Transcript, file page 5, lines 33-39
- Official Supreme Court Transcript — file page 5, lines 43-45 — Transcript, file page 5, lines 43-45
- Official Supreme Court Transcript — file page 5, lines 5-7 — Transcript, file page 5, lines 5-7
- Official Supreme Court Transcript — file page 56, lines 19-12 — Transcript, file page 56, lines 19-12
- Official Supreme Court Transcript — file page 6, lines 43-47 — Transcript, file page 6, lines 43-47
- Official Supreme Court Transcript — file page 6, lines 7-11 — Transcript, file page 6, lines 7-11
- Official Supreme Court Transcript — file page 7, lines 17-21 — Transcript, file page 7, lines 17-21
- Official Supreme Court Transcript — file page 7, lines 29-33 — Transcript, file page 7, lines 29-33
- Official Supreme Court Transcript — file page 7, lines 3-5 — Transcript, file page 7, lines 3-5
- Official Supreme Court Transcript — file page 8, lines 29-21 — Transcript, file page 8, lines 29-21
- Official Supreme Court Transcript — file page 8, lines 5-21 — Transcript, file page 8, lines 5-21
- Official Supreme Court Transcript — file page 9, lines 35-9 — Transcript, file page 9, lines 35-9
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 16, lines 37-39 — Transcript, file page 16, lines 37-39
- Official Supreme Court Transcript — file page 26, lines 33-51 — Transcript, file page 26, lines 33-51
- Official Supreme Court Transcript — file page 3, lines 17-17 — Transcript, file page 3, lines 17-17
- Official Supreme Court Transcript — file page 61, lines 13-35 — Transcript, file page 61, lines 13-35
- Official Supreme Court Transcript — file page 16, lines 37-39 — Transcript, file page 16, lines 37-39
- Official Supreme Court Transcript — file page 26, lines 33-51 — Transcript, file page 26, lines 33-51
- Official Supreme Court Transcript — file page 3, lines 17-17 — Transcript, file page 3, lines 17-17
- Official Supreme Court Transcript — file page 61, lines 13-35 — Transcript, file page 61, lines 13-35
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.