STATE v. DANN

No. CR-02-0042-AP.

79 P.3d 58 (2003)

206 Ariz. 371

STATE of Arizona, Appellee, v. Brian Jeffrey DANN, Appellant.

Supreme Court of Arizona.

October 29, 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 Jim D. Nielsen, Assistant Attorney General and Robert L. Ellman, Assistant Attorney General and James P. Beene, Assistant Attorney General and John P. Todd, Assistant Attorney General and Bruce M. Ferg, Assistant Attorney General, Tucson, Attorneys for State of Arizona, Appellee.

Susan M. Sherwin, Maricopa County Office of the Legal Advocate by Brent E. Graham and Consuelo M. Ohanesian and Shughart, Thomson, Kilroy, Goodwin & Raup, P.C., by Rudolph J. Gerber, Phoenix, Attorneys for Brian Jeffrey Dann, Appellant.


SUPPLEMENTAL OPINION

BERCH, Justice.

¶ 1 Brian Jeffrey Dann 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 United States Supreme Court held that Arizona's capital sentencing scheme violated the defendant's Sixth Amendment right to a jury trial. Id. at 609, 122 S.Ct. at 2443...

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