Page:United States Reports, Volume 542.djvu/388

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Cite as: 542 U.S. 348 (2004)
349

Opinion of the Court

filed a dissenting opinion, in which Stevens, Souter, and Ginsburg, JJ., joined, post, p. 358.

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.[1]


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.


  1. Briefs of amici curiae urging reversal were filed for the State of Nebraska et al. by Jon Bruning, Attorney General of Nebraska, and J. Kirk Brown, Solicitor General, and by the Attorneys General for their respective States as follows: William H. Pryor, Jr., of Alabama, Ken Salazar of Colorado, M. Jane Brady of Delaware, Charles J. Crist, Jr., of Florida, Lisa Madigan of Illinois, Steve Carter of Indiana, Mike McGrath of Montana, Brian Sandoval of Nevada, Jim Petro of Ohio, W. A. Drew Edmondson of Oklahoma, Henry Dargan McMaster of South Carolina, Lawrence E. Long of South Dakota, Greg Abbott of Texas, Mark L. Shurtleff of Utah, and Jerry W. Kilgore of Virginia; for the Arizona Voice for Victims, Inc., et al. by Steve Twist and Douglas E. Beloof; and for the Criminal Justice Legal Foundation by Kent S. Scheidegger.

    Briefs of amici curiae urging affirmance were filed for the National Association of Criminal Defense Lawyers by Beth S. Brinkmann, Seth M. Galanter, David M. Porter, and Peter Goldberger; and for Welsh S. White et al. by Jeffrey T. Green, Mr. White, pro se, and Rudy Gerber, pro se.

    Kate Lowenstein and Michael Avery filed a brief of amici curiae for Murder Victims' Families for Reconciliation et al.