In Bosse v. Oklahoma, the U.S. Supreme Court unanimously overturned a murder conviction due to improper use of victim impact statements during sentencing. Shaun Michael Bosse was convicted in 2010 for the murders of Katrina Griffin and her two children in Oklahoma. During his trial's penalty phase, relatives of the victims were asked by prosecutors to recommend a sentence to the jury - they recommended death sentences which were subsequently imposed by jurors. However, this practice contradicted an earlier ruling from 1987 (Booth v Maryland), where it was held that such recommendations are not permissible as they can unduly influence juries and infringe on defendants' rights under Eighth Amendment protections against cruel and unusual punishment.

In the dissenting opinion for Bosse v. Oklahoma, Justice Clarence Thomas disagreed with the majority's decision to overturn Shaun Michael Bosse's conviction and death sentence due to victim impact statements made by family members of his victims during sentencing. He argued that the court should not have taken up this case as it did not present a significant federal question or conflict among lower courts. Furthermore, he contended that even if there was an error in allowing these statements, it was harmless because there was overwhelming evidence of guilt and aggravating factors justifying a death sentence. Therefore, according to him, any potential error would not have had substantial influence on jury’s verdict.