Thurgood Marshall

“ Simply asserting a conclusion is hardly sufficient to justify it, especially where, as here, the conclusion is so plainly far-fetched. The Florida court's finding that the evidence was sufficient for Smith's jury to find him guilty of premeditated murder is nothing more than a finding that reasonable people could have found that verdict justified; it is emphatically not a finding that this jury did determine that Smith's acts were premeditated. ”

“ Respondent does not dispute the basic rule that a State may not sentence to death a defendant "who does not himself kill, attempt to kill, or intend that a killing take place," Enmund, supra, 458 U.S., at 797, 102 S.Ct., at 3376, unless that defendant was a major participant in a felony and exhibited reckless indifference to human life, Tison, supra, 481 U.S., at 158, 107 S.Ct., at 1688. ”

“ Arizona, 481 U.S. 137, 158, 107 S.Ct. 1676, 1688, 95 L.Ed.2d 127 (1987) , this Court held that a showing of both reckless indifference to human life and major participation in a felony would be sufficient to satisfy Enmund. ”