This left eight states—out of 36—allowed the death penalty for merely participating in a felony in which a murder was committed. The Court concluded that this evidence "weighs on the side of rejecting capital punishment for the crime at issue"—felony murder for a minor participant who did not actually kill anyone or intend to kill anyone.
Eight states out of 36 allowed capital punishment for individuals involved in a felony where someone was murdered, even if they didn't commit the murder themselves or intended to do so. The Court decided that this evidence "supports rejecting the death penalty for the specific crime at hand"—felony murder for a minor participant who did not directly kill anyone.