Porter v. State

EISMANN, Justice.

This is an appeal from an order granting the petitioner-respondent post-conviction relief based upon the retroactive application of Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002). Because that decision of the United States Supreme Court is not to be applied retroactively, we reverse the order of the district court and remand this case for further proceedings consistent with this opinion.

I. FACTS AND PROCEDURAL HISTORY

In December 1988, the petitioner-respondent George Porter (Porter) beat his girlfriend to death. On January 26,1990, a jury found him…