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A Mississippi court convicted Marlon Howell of capital murder - murder committed during a felony - and sentenced him to death. Howell appealed and argued the trial court was wrong to deny the jury the option of finding Howell guilty of the lesser offenses of non-capital murder or manslaughter, for which the death penalty would not have been an option. The Mississippi Supreme Court ruled against Howell and said there was no evidence to support lesser charges.

1.) In death penalty cases can a state court refuse to give a jury the option of finding a defendant guilty of at least one lesser offense if it is recognized by state law and supported by evidence? 2.) Was Howell's federal constitutional claim properly raised before the Mississippi Supreme Court?

In a unanimous per curiam opinion, the Court dismissed the case because Howell had not first raised his federal constitutional claims in state court.