Asam v. Stanley

explaining that arguments of this sort are based on footnote thirty-seven of Miranda | defendant kidnapped three girls at gunpoint, robbed them, forced two into the car trunk, raped and beat the third to death | defendant raped victim and inflicted upon her numerous lacerations, bruises and fractured several ribs; victim died of head injuries; defendant presented evidence of emotional disturbance and impaired capacity | death penalty for first-degree murder does not constitute cruel and unusual punishment | death penalty for first-degree murder does not constitute cruel and unusual punishment | sole aggravating circumstance that defendant was in a place of lawful confinement | statutorily required notice of aggravation given defendant before trial satisfies due process | heinous, atrocious, or cruel; course of conduct | heinous, atrocious, or cruel; course of conduct | shotgun murder of service station attendant | shotgun murder of service station attendant