Guerry Wayne Hertz, Petitioner v. Julie L. Jones

Summary

The court granted Hertz’s habeas petition, vacated his death sentence, and remanded for a new penalty phase. Because his conviction became final after the relevant United States Supreme Court decision, the court held that the constitutional jury-unanimity requirement applied retroactively, and the ten-to-two death recommendation prevented the State from proving the error harmless beyond a reasonable doubt.