Bohannon v. Alabama

Issue: (1) Whether the Constitution requires " in a state where each aggravating circumstance is critical to the determination of a sentence " that every aggravating circumstance on which a death sentence is premised be found by a unanimous jury; (2) whether the Constitution requires " in a state where a sentencer is required to find that the aggravating circumstances outweigh the mitigating circumstances to impose death " that this finding be made by a unanimous jury; (3) whether the imposition of a death sentence in the absence of a unanimous jury verdict in support of death " a result that, today, can occur only in Montana and Alabama in their standard sentencing procedures, and in extremely rare circumstances in Indiana and Missouri " violates the Constitution; and (4) whether the Constitution prohibits imposition of a death sentence in a case in which the jury was instructed that its sentencing determination would be advisory or a recommendation.