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

Summary

The court granted Bailey habeas relief because his death sentence was subject to the retroactive rule requiring jury unanimity for the factual findings necessary to impose death. Although the aggravating circumstances were viewed as undisputed, the nonunanimous eleven-to-one recommendation prevented the State from proving beyond a reasonable doubt that the constitutional error did not contribute to the sentence. The death sentence was vacated and the case remanded for a new penalty phase. PARIENTE, J., concurring, emphasized the mitigation evidence, while LAWSON, J., specially concurring, provided no substantive explanation beyond joining the result.