Schriro v. Summerlin

SCHRIRO, DIRECTOR, ARIZONA DEPARTMENT OF CORRECTIONS v. SUMMERLIN

CERTIORI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Respondent was convicted of first degree murder and sentenced to death under Arizona's capital sentencing scheme then in effect, which authorized the trial judge, rather than the jury, to determine the presence of aggravating circumstances that make the defendant eligible for the death sentence. The State Supreme Court affirmed on direct review. While respondent's subsequent federal habeas case was pending in the Ninth Circuit, this Court decided that Apprendi v. New Jersey, 530 U.S. 466, 490, required the existence of an aggravating factor to be proved to a jury rather than a judge under Arizona's scheme. Ring v. Arizona, 536 U.S. 584, 603–609. The Ninth Circuit invalidated respondent's death sentence, rejecting the argument that Ring did not apply because respondent's conviction and sentence had become final on direct review before Ring was decided.

Held: Ring does not apply retroactively to cases already final on direct review. Pp. 351–358.

(a) A "new rule" resulting from a decision of this Court applies to convictions that are already final only in limited circumstances. New substantive rules generally apply retroactively, but new procedural rules generally do not—only "'watershed rules of criminal procedure' implicating the fundamental fairness and accuracy of the criminal proceeding" are given retroactive effect. Saffle v. Parks, 494 U.S. 484, 495. Such a rule must be one "without which the likelihood of an accurate conviction is seriously diminished." Teague v. Lane, 489 U.S. 288, 313. Pp. 351–353.

(b) Ring's holding is properly classified as procedural. It did not alter the range of conduct or the class of persons subject to the death penalty in Arizona, but only the method of determining whether the defendant engaged in that conduct. Pp. 353–355.

(c) Ring did not announce a watershed rule of criminal procedure. This Court cannot confidently say that judicial factfinding seriously diminishes accuracy. Pp. 355–358.

341 F. 3d 1082, reversed and remanded.

 

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, 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]

---

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.