Smith v. Spisak — Stevens, J., concurring

Summary

Justice Stevens concurred in part and in the judgment, agreeing that the penalty-phase instructions impermissibly required unanimity to reject death before considering life sentences and that defense counsel's closing argument was constitutionally deficient. He nevertheless agreed that neither error prejudiced the defendant, so habeas relief was unavailable. The concurrence also explains that the constitutional basis for the instructional error was the requirement that capital juries have a meaningful opportunity to consider a lesser sentencing option.