In Kentucky v. Whorton (1979) 441 U.S. 786, the United States Supreme Court decided whether, under a different set of facts, the Kentucky Supreme Court properly applied the holding in Taylor. In revisiting its earlier holding, the court noted that in Taylor, it did not "fashion a new rule of constitutional law requiring that such an instruction be given in every criminal case." Whorton, supra, 441 U.S. at page 788. Rather, its holding was limited to the facts in that case, the record of which revealed inappropriate references by the prosecutor, inadequate instructions by the court, and weak evidence in support of the jury's verdict. Whorton, supra, 441 U.S. at pages 788-789.