STATE v. NORDSTROM

No. CR-98-0278-AP.

77 P.3d 40 (2003)

206 Ariz. 242

STATE of Arizona, Appellee, v. Scott Douglas NORDSTROM, Appellant.

Supreme Court of Arizona.

September 24, 2003.


Attorney(s) appearing for the Case

Janet A. Napolitano, Former Arizona Attorney General, Terry Goddard, Arizona Attorney General, Phoenix, by Kent E. Cattani, Chief Counsel, Capital Litigation Section and Robert L. Ellman, Assistant Attorney General, James P. Beene, Assistant Attorney General, John P. Todd, Assistant Attorney General, Bruce M. Ferg, Assistant Attorney General, Donna J. Lam, Assistant Attorney General, Tucson, Attorneys for Appellee.

Law Office of David Alan Darby by David Alan Darby, Tucson, Attorney for Appellant.


SUPPLEMENTAL OPINION

RYAN, Justice.

¶ 1 The sole issue before us is whether reversible error occurred when a trial judge sentenced Scott Nordstrom to death under a procedure the United States Supreme Court held unconstitutional in Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002) (Ring II). Based on our review of the record, we cannot conclude that the Ring II violation constituted...

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