Robert J. Bailey, Petitioner v. Julie L. Jones

Summary

The court held that Hurst applies retroactively to Bailey because his death sentence became final after the relevant constitutional cutoff. Because the penalty-phase jury recommended death by an 11-to-1 vote, the court could not determine that the jury unanimously found the facts necessary for death or that aggravation outweighed mitigation, and the State therefore failed to establish harmlessness beyond a reasonable doubt. The court granted habeas relief, vacated the death sentence, and remanded for a new penalty phase. Justice Pariente, concurring, emphasized Bailey's mitigation evidence, while Justice Lawson specially concurred without additional reasoning in the text supplied.