hurst florida argued october decided january florida law maximum sentence capital felon may receive basis conviction alone life imprisonment may sentenced death additional sentencing proceeding results findings person shall punished death stat proceeding sentencing judge first conducts evidentiary hearing jury next jury majority vote renders advisory sentence notwithstanding recommendation must independently find weigh aggravating mitigating circumstances entering sentence life death florida jury convicted petitioner timothy hurst murder killing recommended death penalty sentenced hurst death granted new sentencing hearing appeal resentencing jury recommended death judge found facts necessary sentence hurst death florida affirmed rejecting hurst argument sentence violated sixth amendment light ring arizona found unconstitutional arizona capital sentencing scheme permitted judge rather jury find facts necessary sentence defendant death held florida capital sentencing scheme violates sixth amendment light ring pp fact expose defendant greater punishment authorized jury guilty verdict element must submitted jury apprendi new jersey applying apprendi capital punishment context ring little difficulty concluding arizona judge independent factfinding exposed ring punishment greater jury guilty verdict authorized ring analysis applies equally florida requires jury judge make critical findings necessary impose death penalty florida provides advisory jury immaterial see walton arizona ring hurst maximum authorized punishment receive increased judge factfinding pp florida counterarguments rejected pp arguing jury recommendation necessarily included aggravating circumstance finding florida fails appreciate judge central singular role florida law makes findings necessary impose death makes jury function advisory state treat jury advisory recommendation necessary factual finding required ring pp florida reliance blakely washington misplaced stated apprendi judge may impose sentence authorized basis facts admitted defendant florida alleges hurst counsel admitted existence robbery blakely applied apprendi facts admitted guilty plea defendant necessarily waived right jury trial florida explained hurst alleged admissions accomplished similar waiver event hurst never admitted either aggravating circumstance alleged state pp upheld florida capital sentencing scheme hildwin florida spaziano florida mean stare decisis compels see alleyne sotomayor concurring time subsequent cases washed away logic spaziano hildwin decisions thus overruled extent allow sentencing judge find aggravating circumstance independent jury factfinding necessary imposition death penalty pp state assertion error harmless addressed reason depart normal pattern leaving considerations state courts reversed remanded sotomayor delivered opinion roberts scalia kennedy thomas ginsburg kagan joined breyer filed opinion concurring judgment alito filed dissenting opinion opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press timothy lee hurst petitioner florida writ certiorari florida january justice sotomayor delivered opinion florida jury convicted timothy lee hurst murdering cynthia harrison jury recommended hurst judge impose death sentence notwithstanding recommendation florida law required judge hold separate hearing determine whether sufficient aggravating circumstances existed justify imposing death penalty judge found sentenced hurst death hold sentencing scheme unconstitutional sixth amendment requires jury judge find fact necessary impose sentence death jury mere recommendation enough may cynthia harrison body discovered freezer restaurant worked bound gagged stabbed times restaurant safe unlocked open missing hundreds dollars state florida charged harrison timothy lee hurst murder see hurst trial state offered substantial forensic evidence linking hurst murder witnesses also testified hurst announced advance planned rob restaurant hurst harrison people scheduled work harrison killed hurst disposed evidence used stolen money purchase shoes rings hurst responded alibi defense claimed never made work car broke hurst told police called restaurant let harrison know late said sounded scared hear another person presumably real murderer whispering background close hurst defense judge instructed jury find hurst guilty murder two theories premeditated murder felony murder unlawful killing robbery jury convicted hurst murder specify theory believed murder capital felony florida see stat state law maximum sentence capital felon may receive basis conviction alone life imprisonment person convicted capital felony shall punished death additional sentencing proceeding results findings person shall punished death ibid therwise person shall punished life imprisonment shall ineligible parole ibid additional sentencing proceeding florida employs hybrid proceeding jury renders advisory verdict judge makes ultimate sentencing determinations ring arizona first sentencing judge conducts evidentiary hearing jury stat next jury renders advisory sentence life death without specifying factual basis recommendation notwithstanding recommendation majority jury weighing aggravating mitigating circumstances shall enter sentence life imprisonment death imposes death must set forth writing findings upon sentence death based ibid although judge must give jury recommendation great weight tedder state per curiam sentencing order must reflect trial judge independent judgment existence aggravating mitigating factors blackwelder state per curiam following procedure hurst jury recommended death sentence judge independently agreed see postconviction review however florida vacated hurst sentence reasons relevant case see resentencing sentencing judge conducted new hearing hurst offered mitigating evidence major participant murder home happened app sentencing judge instructed advisory jury recommend death sentence found least one aggravating circumstance beyond reasonable doubt murder especially heinous atrocious cruel occurred hurst committing robbery jury recommended death vote sentencing judge sentenced hurst death written order judge based sentence part independent determination robbery aggravators existed assigned great weight findings well jury recommendation death florida affirmed relevant rejected hurst argument sentence violated sixth amendment light ring ring recognized held capital defendants entitled jury determination fact legislature conditions increase maximum punishment considered ring inapplicable light repeated support florida capital sentencing scheme cases citing hildwin florida per curiam see also spaziano florida specifically hildwin held sixth amendment require specific findings authorizing imposition sentence death made jury florida noted never expressly overruled hildwin ring justice pariente joined two colleagues dissented portion opinion reiterated view ring requires fact qualifies capital defendant sentence death found jury opinion concurring part dissenting part granted certiorari resolve whether florida capital sentencing scheme violates sixth amendment light ring hold reverse ii sixth amendment provides criminal prosecutions accused shall enjoy right speedy public trial impartial jury right conjunction due process clause requires element crime proved jury beyond reasonable doubt alleyne slip apprendi new jersey held fact expose defendant greater punishment authorized jury guilty verdict element must submitted jury years since apprendi applied rule instances involving plea bargains blakely washington sentencing guidelines booker criminal fines southern union mandatory minimums alleyne ring capital punishment ring concluded arizona capital sentencing scheme violated apprendi rule state allowed judge find facts necessary sentence defendant death arizona jury convicted timothy ring felony murder state law ring sentenced death statutory maximum penalty murder unless findings made specifically judge sentence ring death independently finding least one aggravating circumstance ring judge followed procedure found aggravating circumstance sentenced ring death little difficulty concluding required finding aggravated circumstance exposed ring greater punishment authorized jury guilty verdict quoting apprendi alterations omitted ring judge engaged factfinding ring received life sentence ring ring death sentence therefore violated right jury find facts behind punishment analysis ring applied arizona sentencing scheme applies equally florida like arizona time ring florida require jury make critical findings necessary impose death penalty rather florida requires judge find facts stat although florida incorporates advisory jury verdict arizona lacked previously made clear distinction immaterial true florida jury recommends sentence make specific factual findings regard existence mitigating aggravating circumstances recommendation binding trial judge florida trial assistance jury findings fact respect sentencing issues trial judge arizona walton arizona accord state steele trial alone must make detailed findings existence weight aggravating circumstances jury findings rely timothy ring maximum punishment timothy hurst received without findings life prison without parole ring judge increased hurst authorized punishment based factfinding light ring hold hurst sentence violates sixth amendment iii without contesting ring holding florida offers bevy arguments hurst sentence constitutional none holds water florida concedes ring required jury find every fact necessary render hurst eligible death penalty florida argues hurst sentencing jury recommended death sentence necessarily included finding aggravating circumstance brief respondent state contends finding qualified hurst death penalty florida law thus satisfying ring additional requirement judge also find aggravator florida concludes provides defendant additional protection brief respondent state fails appreciate central singular role judge plays florida law described florida florida sentencing statute make defendant eligible death findings person shall punished death stat emphasis added trial alone must find facts hat sufficient aggravating circumstances exist hat insufficient mitigating circumstances outweigh aggravating circumstances see steele jury function florida death penalty statute advisory spaziano state state treat advisory recommendation jury necessary factual finding ring requires florida launches second salvo hurst arguing admitted various contexts aggravating circumstance existed even ring normally requires jury hear facts necessary sentence defendant death florida argues ring require jury findings facts defendants admitted brief respondent florida cites decision blakely washington stated apprendi judge may impose sentence authorized basis facts reflected jury verdict admitted defendant emphasis deleted light blakely florida points various instances hurst counsel allegedly admitted existence robbery florida contends admissions made hurst eligible death penalty brief respondent blakely however decision applying apprendi facts admitted guilty plea defendant necessarily waived right jury trial see florida explained hurst alleged admissions accomplished similar waiver florida argument also meritless terms hurst never admitted either aggravating circumstance alleged state counsel simply refrained challenging aggravating circumstances parts appellate briefs see initial brief appellant challeng ing trial findings arguing death nevertheless disproportionate punishment state next argues stare decisis compels us uphold florida capital sentencing scheme florida observed repeatedly reviewed upheld florida capital sentencing statute past quarter century bottoson moore per curiam citing hildwin spaziano comparable situation florida reasoned held precedent direct application case yet appears rest reasons rejected line decisions courts follow case directly controls leaving prerogative overruling decisions bottoson quoting rodriguez de quijas express see also case expressly overrule spaziano hildwin relevant part spaziano hildwin summarized earlier precedent conclude sixth amendment require specific findings authorizing imposition sentence death made jury hildwin conclusion wrong irreconcilable apprendi indeed today first time recognized much ring held another decision walton survive reasoning apprendi walton part mere application hildwin holding arizona capital sentencing scheme although doctrine stare decisis fundamental importance rule law ur precedents sacrosanct overruled prior decisions necessity propriety established ring quoting patterson mclean credit union apprendi context found stare decisis compel adherence decision whose subsequent developments constitutional law alleyne sotomayor concurring slip see also gaudin overruling sinclair ring overruling walton alleyne slip overruling harris time subsequent cases washed away logic spaziano hildwin decisions overruled extent allow sentencing judge find aggravating circumstance independent jury factfinding necessary imposition death penalty finally reach state assertion error harmless see neder holding failure submit uncontested element offense jury may harmless normally leaves state courts consider whether error harmless see reason depart pattern see ring sixth amendment protects defendant right impartial jury right required florida base timothy hurst death sentence jury verdict judge factfinding florida sentencing scheme required judge alone find existence aggravating circumstance therefore unconstitutional judgment florida reversed case remanded proceedings inconsistent opinion ordered breyer concurring judgment timothy lee hurst petitioner florida writ certiorari florida january justice breyer concurring judgment reasons explained opinion concurring judgment ring arizona join opinion case however concur judgment based view eighth amendment requires jury judge make decision sentence defendant death see danger unwarranted imposition death penalty avoided unless decision impose death penalty made jury rather single government quoting spaziano florida stevens concurring part dissenting part one argues florida juries actually sentence capital defendants death job left judges see stat like majority therefore reverse judgment florida alito dissenting timothy lee hurst petitioner florida writ certiorari florida january justice alito dissenting acknowledges reviewed upheld florida capital sentencing statute past quarter century ante also concedes precedents hold sixth amendment require specific findings authorizing imposition sentence death made jury ante quoting hildwin florida per curiam emphasis added see also spaziano florida reverses course striking florida capital sentencing system overruling decisions hildwin spaziano holding sixth amendment require specific findings authorizing sentence death made jury disagree first overrule hildwin spaziano without reconsidering cases present decision based relies later cases holding fact exposes defendant greater punishment authorized jury guilty verdict element offense must submitted jury ante strong reasons question whether principle consistent original understanding jury trial right see alleyne alito dissenting slip overruling hildwin spaziano reconsider cases including prominently ring arizona relies second even ring assumed correct extend although suggests today holding follows ineluctably ring arizona sentencing scheme issue case much different florida procedure us ring jury found defendant guilty felony murder make findings required eighth amendment death penalty may imposed case see enmund florida tison arizona jury find presence aggravating factor required death eligibility arizona law ring supra consider mitigating factors determine whether capital noncapital sentence appropriate system jury played role capital sentencing process florida system quite different florida jury sits initial primary adjudicator factors bearing death penalty unanimously determining guilt trial florida jury hears evidence aggravating mitigating circumstances see stat conclusion separate sentencing hearing jury may recommend death sentence finds state proved one aggravating factors beyond reasonable doubt weighing aggravating mitigating factors jury made decision trial performs amounts practical terms reviewing function judge duplicates steps previously performed jury impose sentence different recommended jury judge must accord jury recommendation great weight see lambrix singletary recounting florida law procedure indeed jury recommends life sentence judge may override decision facts suggesting sentence death clear convincing virtually reasonable person differ tedder state per curiam florida trial overruled jury recommendation life sentence years florida system jury plays critically important role decision ring decide whether procedure violates sixth amendment extend ring cover florida system ii finally even constitutional violation case hold error harmless beyond reasonable doubt see chapman california although petitioner attacks florida system numerous grounds decision based single perceived defect jury determination least one aggravating factor proved binding trial judge ante makes pretense supposed defect prejudiced petitioner seems clear attempting show might prejudiced error petitioner suggests jury might found existence aggravating factor instructed finding prerequisite imposition death penalty suggestion hard credit jury told consider two aggravating factors murder committed course robbery especially heinous atrocious cruel app evidence support factors overwhelming evidence regard first aggravating factor murder occurred commission robbery follows victim cynthia harrison assistant manager popeye restaurant arrived work date death employees entered store found stabbed death restaurant safe open previous day receipts missing trial issue whether hurst committed murder suggestion murder occur robbery alternative scenario example cynthia harrison first murdered one person reason robbery second person came upon scene shortly murder somehow gained access emptied popeye safe fanciful evidence concerning second aggravating factor murder especially heinous atrocious cruel also overwhelming cynthia harrison bound gagged stabbed times injuries included facial cuts went way underlying bone cuts eyelid region top lip large cut neck almost severed trachea estimated death taken long minutes occur trial characterized manner death follows utter terror pain harrison likely experienced incident unfathomable words inadequate describe death photographs introduced evidence depict person bound rendered helpless brutally savagely unmercifully slashed disfigured murder harrison conscienceless pitiless unnecessarily torturous light evidence defies belief suggest jury found existence either aggravating factor finding binding years passed since cynthia harrison brutally murdered interest bringing protracted litigation close rule issue harmless error affirm decision florida