Bosse v Oklahoma

Bosse sought review of the Oklahoma Court of Criminal Appeals decision holding the Booth case baring family members from giving opinion about the crime, defiant or whether a death sentence should be imposed had been implicitly overruled by the later Payne case. The Court summarily reversed in a per curium decision holding that the Booth decision remains good law as stated in the Payne majority opinion and that only the Court could overrule it. The case was remanded to consider Oklahoma’s harmless error arguments. Thomas, joined Alito, added a concurrence stating his understanding that this decision does not mean Booth was correctly decided or that its rationale has not been undermined by Payne.