Smith v. Spisak, 558 U.S. 139 (Jan. 12, 2010)

Distinguishing Mills v. Maryland, 486 U.S. 367 (1988), and holding that the penalty phase jury instructions and verdict forms were not unconstitutional. The defendant had asserted that the instructions improperly required the jury to consider in mitigation only those factors the jury unanimously found to be mitigating.