State v. Atwood

CORCORAN, Justice, specially concurring:

As indicated in footnotes 23, 27, 29, and 30, I reach the same conclusions as the majority, but do so in four areas based on different analyses.

I

THE ENMUND/McDANIEL FINDING

As noted in Part 18(C)(1)(b), footnote 23, the majority concludes that the jury’s im*661plicit finding that defendant actually killed Mary satisfies Enmund v. Florida, 458 U.S. 782, 102 S.Ct. 3368, 73 L.Ed.2d 1140 (1982) . Although I agree that the jury implicitly found that defendant actually killed Mary, I believe that Enmund requires an explicit finding that defendant did so, and would…