Ritchie v. State

Because I believe the jury must find beyond a reasonable doubt that any mitigating circumstances that exist are outweighed by the aggravating circumstance or circumstances I respectfully dissent from Part VI of the majority opinion.

The majority cites Bivins for the proposition that "[t]he determination of the weight to be accorded the aggravating and mitigating circumstances is not a `fact' which must be proved beyond a reasonable doubt but is a balancing process." Slip op. at 8 (quoting Bivins, 642 N.E.2d at 946). Whatever validity this proposition may have had previously, it can no longer…