State v. Towery

OPINION

McGREGOR, Vice Chief Justice.

¶ 1 These consolidated actions present the question whether Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002) (Ring II),1 which holds that a jury must decide whether aggravating circumstances exist in capital cases, applies retroactively to those defendants whose cases have become final. We conclude that Ring II does not apply retroactively to final cases.

I

¶ 2 Separate juries found, beyond a reasonable doubt, that Murray, Mann, Towery, and McKinney committed first degree murder. In each petitioner’s case, the trial judge conducted a…