Bradshaw v. Stumpf — Souter, J., concurring

Summary

Justice Souter concurred, explaining that the Court is remanding to consider whether due process is violated when the State maintains inconsistent positions about who was the triggerman in two separate death penalty cases involving co-defendants. He noted that this claim does not involve deception or inconsistent verdicts under precedents like Mooney or Powell. Justice Thomas concurred, noting the State had not raised Teague or procedural default defenses, but such arguments remain available on remand.