State of Arizona, Appellee v. James Lynn Styers, Appellant — Hurwitz, J., Dissenting

Summary

The dissent argues that the court was constitutionally barred from conducting a new independent review of the death sentence because the federal habeas proceedings prevented the judgment from becoming final. In the dissent's view, the renewed review constituted direct review, triggering the defendant's entitlement to jury findings on aggravating circumstances and requiring a new aggravation-phase proceeding concerning the aggravator the original jury did not find. The dissent would therefore reject reinstatement of the death sentence without a jury proceeding.