Ring Still Not Retroactive

The Court today reaffirmed its recent decision in Rhoades et al. v. State, 2010 WL 937272 (Mar. 17, 2010), that Ring v. Arizona, 536 U.S. 584 (2002), is not retroactive under Idaho law. Ring held that the jury must find all facts which make a defendant eligible for the death penalty. Idaho law used to allow the judges to make that determination.

State v. Fields, http://www.isc.idaho.gov/opinions/fields%202010%20final%20opn.pdf

Rhoades, you might remember, adopted the federal retroactivity rule under state law and then applied this new rule of retroactivity to the defendants and found the new rule in Ring was not retroactive.