CLARK ET AL.
v.
JENKINS ET AL.

U.S. | 1992-10-13
No. 92-69
506 U.S. 915 Supreme Court of the United States (1992) Positive Treatment
Cited by 1 case
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  • Arave v. Creech, 507 U.S. 463 (U.S. 1993)
    …urt has reaffirmed its original interpretation of “utter disregard” repeatedly, often reciting the definition given in Osborn verbatim. See, e. g., State v. Card, 121 Idaho 425, 435-436, 825 P. 2d 1081, 1091-1092 (1991) (citing cases), cert. denied, 506 U. S. 915 (1992). It also has explained that “utter disregard” differs from Idaho’s “heinous, atrocious or cruel” aggravating circumstance, Idaho Code § 19-2515(g)(5) (1987), because the Osborn construction focuses on the defendant’s state of mind. State v.…

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