Did Ring v. Arizona Merely Announce a Non-Retroactive Procedural Rule?
Schriro v. Summerlin Docket No. 03-526 From: The Ninth Circuit Case at a Glance In 2002, the Supreme Court held that the Sixth Amendment requires that juries not judges must determine capital sentences. In 1984, Summerlin was convicted of murder in Arizona, and a drug-abusing judge determined his sentence. Now, the Court must consider whether its 2002 case applies retroactively to Summerlin’s case. • Previewed by Kathy Swedlow, co-director of the Innocence Project and an assistant professor at the Thomas M. Cooley Law School in Lansing, Michigan.
