JUSTICE TIMMER authored the opinion of the Court, in which CHIEF JUSTICE BALES and JUSTICE BRUTINEL joined. VICE CHIEF JUSTICE PELANDER, joined by JUSTICE GOULD and JUDGE SWANN concurred. JUDGE SWANN, joined by VICE CHIEF JUSTICE PELANDER and JUSTICE BOLICK concurred.
JUSTICETIMMER, opinion of the Court:
¶ 1 A defendant convicted of felony murder is eligible for the death penalty only if he himself killed, attempted to kill, or intended that a killing occur or that lethal force be used, Enmund v. Florida,458 U.S. 782, 797, 102 S.Ct. 3368, 73 L.Ed.2d 1140 (1982), or...
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