State v. Moody · 208 Ariz. 424

stating that, for double jeopardy purposes, "[wjhen a case is reversed for any reason but insufficient evidence, the original conviction has been nullified and the slate wiped clean” (quoting Bullington v. Missouri, 451 U.S. 430, 442, 101 S.Ct. 1852, 68 L.Ed.2d 270 (1981)) (internal quotation marks omitted)

How later courts described this case

stating that, for double jeopardy purposes, "[wjhen a case is reversed for any reason but insufficient evidence, the original conviction has been nullified and the slate wiped clean” (quoting Bullington v. Missouri, 451 U.S. 430, 442, 101 S.Ct. 1852, 68 L.Ed.2d 270 (1981)) (internal quotation marks omitted)
holding that appellate courts “will not consider argument posited without authority”
rejecting, post-Ring, defendant’s argument that he was denied an impartial and representative jury by the trial judge’s decision to death qualify the jurors and declining to revisit earlier holdings upholding the constitutionality of death qualification of juries
concluding a statement did not require reversal where it “was promptly objected to, and was rendered less harmful by instructions by the court”

Written by the judges who cited it.

The opinion

*474 JONES, Chief Justice,

concurring in part, dissenting in part.

¶ 237 I concur in the judgment of the court both as to Moody’s convictions and the remand for resentencing. I dissent, however, from the majority’s conclusion that harmless error analysis is appropriate where sentencing determinations, including factual findings on aggravating circumstances, are made by the trial judge in the absence of the jury. I would remand the case for resentencing solely on the basis of the Sixth Amendment violation of the right to trial by jury on statutory aggravating factors relative to the death penalty. See State v. Armstrong, 208 Ariz. 360, ¶¶ 25-37 , 93 P.3d 1076 (2004) (supplemental opinion) (Jones, C.J., concurring in part and dissenting in part); see also State v. Sansing, 206 Ariz. 232, 241-42, ¶¶ 40-46 , 77 P.3d 30, 39-40 (2003) (Jones, C.J., dissenting).