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RING v. ARIZONA

No. 01-488.

536 U.S. 584 (2002)

RING v. ARIZONA

United States Supreme Court.

Decided June 24, 2002.

Attorney(s) appearing for the Case

Andrew D. Hurwitz argued the cause for petitioner. With him on the briefs were John A. Stookey and Daniel L. Kaplan.

Janet Napolitano, Attorney General of Arizona, argued the cause for respondent. With her on the brief were Patrick Irvine, Solicitor General, Kent E. Cattani, and Robert L. Ellman and Kathleen P. Sweeney, Assistant Attorneys General.*

Ginsburg, J., delivered the opinion of the Court, in which Stevens, Scalia, Kennedy, Souter, and Thomas, JJ., joined. Scalia, J., filed a concurring opinion, in which Thomas, J., joined, p. 610. Kennedy, J., filed a concurring opinion, p. 613. Breyer, J., filed an opinion concurring in the judgment, p. 613. O'Connor, J., filed a dissenting opinion, in which Rehnquist, C. J., joined, p. 619.

Justice Ginsburg, delivered the opinion of the Court.

This case concerns the Sixth Amendment right to a jury trial in capital prosecutions. In Arizona, following a jury adjudication of a defendant's guilt of first-degree murder, the trial judge, sitting alone, determines the presence or absence of the aggravating factors required by Arizona law for imposition of the death penalty.

In Walton v. Arizona, 497 U.S. 639

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