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STATE v. PHILLIPS

No. CR-99-0296-AP.

67 P.3d 1228 (2003)

205 Ariz. 145

STATE of Arizona, Appellee, v. Keith Royal PHILLIPS, Appellant.

Supreme Court of Arizona.

May 6, 2003.

Attorney(s) appearing for the Case

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

Susan A. Kettlewell, Pima County Public Defender by John F. Palumbo, Assistant Public Defender and Rebecca A. McLean, Tucson, Assistant Public Defender, Attorneys for Appellant.

SUPPLEMENTAL OPINION

BERCH, Justice.

¶ 1 Keith Phillips was sentenced to death under a procedure found unconstitutional in Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002) (Ring II). In Ring II, the Supreme Court held that Arizona's capital sentencing scheme violated the defendant's Sixth Amendment right to a jury trial.1 Id. at 609, 122 S.Ct...

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