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SCHRIRO v. SUMMERLIN

No. 03-526.

542 U.S. 348 (2004)

SCHRIRO, DIRECTOR, ARIZONA DEPARTMENT OF CORRECTIONS v. SUMMERLIN

Supreme Court of United States.

Decided June 24, 2004.

Attorney(s) appearing for the Case

John Pressley Todd, Assistant Attorney General of Arizona, argued the cause for petitioner. With him on the briefs were Terry Goddard, Attorney General, Mary R. O'Grady, Solicitor General, Kent E. Cattani, Chief Counsel, and Robert L. Ellman, Assistant Attorney General.

James A. Feldman argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General Wray, and Deputy Solicitor General Dreeben.

Ken Murray argued the cause for respondent. With him on the brief were Fredric F. Kay, Michael L. Burke, Leticia Marquez, John A. Stookey, and Daniel L. Kaplan.*

SCALIA, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and O'CONNOR, KENNEDY, and THOMAS, JJ., joined. BREYER, J., filed a dissenting opinion, in which STEVENS, SOUTER, and GINSBURG, JJ., joined, p. 358.

JUSTICE SCALIA delivered the opinion of the Court.

In this case, we decide whether Ring v. Arizona, 536 U.S. 584 (2002), applies retroactively to cases already final on direct review.

I

In April 1981, Finance America employee Brenna Bailey disappeared while on a house call to discuss an outstanding debt with respondent Warren Summerlin's wife. That evening, an...

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