Pavatt v. Sharp

Issue: (1) Whether the Supreme Court should summarily reverse the U.S. Court of Appeals for the 10th Circuit"s clearly erroneous procedural ruling; and (2) whether, if the Supreme Court grants plenary review, a state"s application of an aggravating factor to justify the death penalty violates the Eighth and 14th Amendments"and conflicts with both the Supreme Court"s precedents prohibiting the arbitrary imposition of capital sentences and the decisions of other appellate courts"when it makes punishable by death any homicide where the victim does not die immediately.