State v. Ring4/3/2003
This case comes to us on remand from the United States Supreme Court, Ring v. Arizona, 536 U.S. 584, ___, 122 S. Ct. 2428, 2443 (2002) (Ring II). We have jurisdiction pursuant to the Arizona Constitution, Article VI, Section 5.3.
I. Facts and Procedural History.
On December 6, 1996, a jury convicted Timothy Stuart Ring of first degree murder, conspiracy to commit armed robbery, armed robbery, burglary and theft. Under Arizona law at the time of Ring's sentencing, capital sentencing followed the procedure set forth at Arizona Revised Statutes (A.R.S.) section 13-703 (Supp. 1996). As required by A.R.S. section 13-703.B, the trial court conducted a sentencing hearing to consider aggravating and mitigating circumstances. The court could consider only those aggravating factors identified by statute, but could consider any possible mitigating factor. A.R.S. § 13-703.F-.G, amended by 2002 Ariz. Sess. Laws, 5th Spec. Sess., ch. 1, § 1. After the hearing, the court found two aggravating factors: Ring committed the murder for pecuniary gain, A.R.S. section 13-703.F.5, and "in an especially heinous, cruel or depraved manner," A.R.S. section 13-703.F.6. State v. Ring, 200 Ariz. 267, 272 13, 25 P.3d 1139, 1144 (2001) (Ring I). The trial court concluded that the mitigating circumstance of Ring's minimal criminal record was not "sufficiently substantial to call for leniency" and sentenced Ring to death. Id. at 273 13, 25 P.3d at 1145; see A.R.S. § 13-703.E, amended by 2002 Ariz. Sess. Laws, 5th Spec. Sess., ch. 1, § 1.
Ring subsequently filed a direct appeal to this court seeking review of multiple trial and sentencing issues, including a Sixth Amendment challenge to Arizona's capital sentencing procedure. The Sixth Amendment right to a jury trial, Ring argued, requires a jury, rather than a judge, to find the aggravating factors set forth at section 13-703.F. Ring I, 200 Ariz. at 278 40, 25 P.3d at 1150. This court affirmed Ring's first degree murder conviction and death sentence. Id. at 284 65, 25 P.3d at 1156. Guided by the United States Supreme Court's decision in Walton v. Arizona, 497 U.S. 639, 110 S. Ct. 3047 (1990), we held Arizona's capital sentencing procedure did not violate the Sixth Amendment of the United States Constitution. Ring I, 200 Ariz. at 279-80 44, 25 P.3d at 1151-52.
Ring petitioned the United States Supreme Court to accept certiorari. The Court granted review and held that Arizona's capital sentencing scheme violated the Sixth Amendment right to a jury trial, overruling Walton and applying the approach of Apprendi v. New Jersey, 530 U.S. 466, 120 S. Ct. 2348 (2000). Ring II, 536 U.S. at ___, 122 S. Ct. at 2443. The Supreme Court remanded the matter for disposition in light of Ring II.
At the time of the Ring II decision, thirty-one defendants sentenced to death had matters pending on direct appeal before this court. On June 27, 2002, we entered an order consolidating all thirty-one death penalty cases then on direct appeal. State v. Ring, Order No. CR-97-0428-AP (June 27, 2002). All defendants in this consolidated case either pled guilty to or were convicted by a jury of first degree premeditated or felony murder. Trial judges sentenced all defendants to death under a now-superseded version of A.R.S. section 13-703, under which a judge considered aggravating and mitigating evidence. This court must now examine the impact of Ring II on the death sentences of those defendants before us. To assist the court, and after consultation with counsel for the State and the defendants, we ordered the parties to brief the issues discussed below. We reserved to each defendant the right to further brief sentencing issues, if ne
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Arizona DUI Attorneys
DUI Lawyers
|