Bosse v. Oklahoma, 137 S. Ct. 1

Shaun Michael Bosse was convicted of three counts of first-degree murder in Oklahoma for killing Katrina Griffin and her two children; the State sought death.
At sentencing, three relatives of the victims testified and each recommended the death penalty over defense objection.
Bosse appealed, arguing that victim-family testimony recommending a sentence violated the Eighth Amendment under Booth v. Maryland.
The Oklahoma Court of Criminal Appeals held Payne v. Tennessee implicitly overruled Booth’s prohibition and affirmed Bosse’s death sentence.
The U.S. Supreme Court granted certiorari, vacated the Oklahoma court’s judgment, and remanded, holding the state court erred in concluding Payne implicitly overruled Booth.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Eighth Amendment bars victim-family characterizations and opinions about the appropriate sentence at a capital sentencing (Booth rule)	Bosse: Booth prohibits victim-family opinions about sentence; such testimony violated the Eighth Amendment	State/Oklahoma court: Payne implicitly overruled Booth’s prohibition, so such testimony is permissible	The Supreme Court: Oklahoma court erred; Booth’s prohibition on family characterizations and sentencing opinions remains binding unless this Court expressly overrules it; vacated and remanded
Whether any error was harmless or cured by Oklahoma’s mandatory appellate review	Bosse: Admission of recommendations was unconstitutional and prejudicial	State: Any error did not affect sentencing determination; Oklahoma’s mandatory sentencing review protects rights	Court did not resolve harmlessness; left those contentions to be addressed on remand by the state court

Booth v. Maryland, 482 U.S. 496 (1987) (prohibited victim-impact evidence that included family opinions about appropriate sentence)
Payne v. Tennessee, 501 U.S. 808 (1991) (overruled Booth’s ban on certain victim-impact evidence but limited as to family opinions)
United States v. Hatter, 532 U.S. 557 (2001) (only this Court may overrule its precedents)
State Oil Co. v. Khan, 522 U.S. 3 (1997) (same principle regarding overruling precedents)
Rodriguez de Quijas v. Shearson/American Express, Inc., 490 U.S. 477 (1989) (lower courts should follow controlling precedents until this Court revises them)
Hohn v. United States, 524 U.S. 236 (1998) (decisions remain binding precedent until this Court reconsiders them)