Mills v. Maryland

LOCATION:New Jersey Office of Legislative Services

DOCKET NO.: 87-5367
DECIDED BY: Rehnquist Court (1988-1990)
LOWER COURT: Maryland Court of Appeals

CITATION: 486 US 367 (1988)
ARGUED: Mar 30, 1988
DECIDED: Jun 06, 1988

Charles O. Monk, II, – on behalf of the Respondent
George E. Burns, Jr. – on behalf of the Petitioner

Facts of the case


Media for Mills v. Maryland

Audio Transcription for Oral Argument – March 30, 1988 in Mills v. Maryland

Audio Transcription for Opinion Announcement – June 06, 1988 in Mills v. Maryland

William H. Rehnquist:

The opinion of the Court in No. 87-5367, Mills versus Maryland will be announced by Justice Blackmun.

Harry A. Blackmun:

Well, this case comes to us from the highest court of the State of Maryland and it concerns that State’s capital sentencing system.

The case doesn’t blend itself very well though announcement from the bench.

It involves the type of jury verdict form that was employed at that time in Maryland.

I think it must suffice to say that in an opinion filed with the clerk today, we vacate the judgment of the Court of Appeals of Maryland insofar as it sustained the imposition of the death penalty upon the petitioner, and the case is remanded to that court for further proceedings, not in consistent with our opinion.

Justice Brennan and Justice White each have joined the opinion but have filed brief statements in concurrence.

The Chief Justice has filed a dissenting opinion and has joined therein by Justice O’Connor, Justice Scalia, and Justice Kennedy.