After respondent Creech pleaded guilty to first-degree murder for the brutal slaying of a fellow Idaho prison inmate, the state trial judge sentenced him to death based, in part, on the statutory aggravating circumstance that, "[b]y the murder, or circumstances surrounding its commission, the defendant exhibited utter disregard for human life." In affirming, the Idaho Supreme Court, among other things, rejected Creechs argument that this aggravating circumstance is unconstitutionally vague, and reaffirmed the limiting construction it had placed on the statutory language in State v. Osborn, 102 Idaho 405, 418-419, 631 P.2d 187, 200-201, whereby, inter alia, "`the phrase "utter disregard" . . . is meant to be reflective of . . . the cold-blooded, pitiless slayer." Although the Federal District Court denied habeas corpus relief, the Court of Appeals found the "utter disregard" circumstance facially invalid, holding, among other things, that the circumstance is unconstitutionally vague and that the Osborn narrowing construction is inadequate to cure the de