holding that the mandate inRing v. Arizona, 536 U.S. 584 — that a jury, rather than a judge, must find aggravating circumstances in a capital case — applies retroactively on collateral review
Summary of this case from Staton v. BerbaryNo. 03-526.
December 1, 2003.
C.A. 9th Cir. Certiorari granted limited to Questions 1 and 2 presented by the petition. Reported below: 341 F. 3d 1082.
holding that the mandate inRing v. Arizona, 536 U.S. 584 — that a jury, rather than a judge, must find aggravating circumstances in a capital case — applies retroactively on collateral review
Summary of this case from Staton v. BerbaryFull title:SCHRIRO, DIRECTOR, ARIZONA DEPARTMENT OF CORRECTIONS v. SUMMERLIN
Court:U.S.
Date published: Dec 1, 2003
, e.g., Turner v. Crosby, 339 F.3d 1247, 1279-86 (11th Cir. 2003) (holding that Ring is not retroactive…
Windom v. StateSee Summerlin v. Stewart, 341 F.3d 1082 (9th Cir.), cert. granted in part sub nom. Schriro v. Summerlin, 124…