The United States Supreme Court held that the jury's consideration of two invalid special circumstances in the weighing process did not produce constitutional error because all of the facts and circumstances admissible to establish the two invalid eligibility factors were properly provided under the valid special circumstances.
Brown v. Sanders, 126 S. Ct. 884 (2006).
Ryan J. Miller,
A Death Sentence May Be Constitutional Despite a Determination That Two of Four Special Circumstances Found by the Jury Were Invalid: Brown v. Sanders,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol45/iss2/8