lewis jeffers argued february decided june affirming respondent jeffers murder conviction death sentence arizona inter alia independently reviewed evidence supporting trial finding statutory aggravating circumstance crime committed especially heinous cruel depraved manner noted recent ruling infliction gratuitous violence victim among factors considered determining whether murder especially heinous depraved found presence factor light evidence jeffers climbed top dead victim hit face several times causing additional wounds bleeding noting apparent relish defendant commits murder another relevant factor decisions concluded jeffers relish crime evidenced testimony beating dead victim called bitch dirty snitch stated blow landed one someone felt informed federal district denied jeffers habeas corpus petition appeals agreed district especially heinous depraved aggravating circumstance interpreted narrowed state void face vacated jeffers death sentence ground circumstance unconstitutionally vague applied held appeals erred holding arizona construction especially heinous depraved aggravating circumstance case contravened godfrey georgia maynard cartwright dispute arizona applied narrowing construction facts jeffers case important appeals noted circumstance construed state courts unconstitutionally vague face even held jeffers claim arizona construed circumstance constitutionally narrow manner disposed walton arizona ante upheld vagueness challenge precise aggravating circumstance issue moreover claim identical jeffers assertion aggravating circumstance may nevertheless vague applied rejected walton ante makes clear state adopted constitutionally narrow construction facially vague aggravating circumstance applied construction facts particular case fundamental constitutional requirement channeling limiting capital sentencer discretion satisfied pp appeals erred conducting de novo comparison facts cases facts case decide jeffers challenge challenge reduces essence claim state simply misapplied aggravating circumstance facts jeffers case federal habeas corpus relief lie errors state law federal habeas review state application constitutionally narrowed aggravating circumstance limited determining whether state finding arbitrary capricious constitute independent due process eighth amendment violation making determination appropriate standard review rational factfinder standard jackson virginia federal must view evidence light favorable prosecution determine whether rational trier fact found elements crime beyond reasonable doubt standard rational factfinder found jeffers relished crime inflicted gratuitous violence given evidence conduct toward victim body pp reversed remanded delivered opinion rehnquist white scalia kennedy joined brennan filed dissenting opinion marshall joined ante blackmun filed dissenting opinion brennan marshall stevens joined post gerald grant assistant attorney general arizona argued cause petitioners briefs robert corbin attorney general jessica gifford funkhouser james liebman appointment argued cause respondent brief donald klein frank leto kent schneidegger filed brief criminal justice legal foundation amicus curiae urging reversal justice delivered opinion case presents issues pertaining federal review state determination offense committed especially heinous cruel depraved manner relevant facts undisputed evidence trial showed may police arrested respondent jimmie wayne jeffers girlfriend penelope cheney charges possession narcotics receipt stolen property respondent posted bond cheney unable post bond remained custody pima county jail jail respondent received reports cheney cooperating police providing police information respondent certain heroin transactions respondent wrote note another jail inmate offering money kill cheney detention officer supposed deliver note read seized october respondent released jail bond pending appeal convictions week later met doris van der veer began living motel tucson respondent subsequently invited cheney motel order provide heroin day murder respondent told van der veer cheney coming wished alone cheney arrived respondent introduced van der veer excused two half hours van der veer returned motel room knocked door respondent admitted pointed gun ordered sit chair quiet upon entering motel room van der veer saw cheney lying unconscious bed cheney appeared cyanotic respondent injected fluid cheney hand told van der veer given enough shit kill horse bitch wo die van der veer noticed foam coming cheney mouth recognized training nurse sign heroin overdose van der veer checked cheney condition determined still alive van der veer asked respondent going help cheney responded going kill respondent removed belt around cheney waist began choke soon discarded belt choked bare hands van der veer urged stop saying cheney probably die anyway respondent replied seen way come strangling cheney respondent instructed van der veer check cheney pulse van der veer found pulse reported cheney dead respondent ordered van der veer inject heroin cheney choke took pictures van der veer complied respondent told van der veer proof accomplice respondent beat cheney hands several times calling bitch dirty snitch stating blow landed one naming several names respondent dragged body bed placed shower stall three days body began smell respondent van der veer wrapped body newspaper plastic garbage bags placed sleeping bag transported secluded area buried shallow grave jury convicted respondent murder cheney sentencing hearing trial found two aggravating circumstances mitigating factors accordance arizona death penalty statute supp currently stat respondent sentenced death app direct review conviction sentence arizona following decision lockett ohio vacated respondent death sentence remanded resentencing see state watson requiring trial consider nonstatutory mitigating factors cert denied second sentencing hearing trial found two aggravating circumstances beyond reasonable doubt respondent created grave risk death another person van der veer commission murder respondent committed murder especially heinous cruel depraved manner see found mitigating factors thereupon resentenced respondent death app direct appeal arizona affirmed convictions sentences state jeffers cert denied regard respondent death sentence stated arizona law independently reviews facts trial found established presence absence aggravating mitigating circumstances determine latter outweigh former find present citations omitted applying standard reversed trial finding respondent knowingly created grave risk death another person addition victim offense stat ann reviewed trial finding respondent committed offense especially heinous cruel depraved manner noted interpreted applied provision light dictionary definitions words used element cruelty involves pain mental physical distress visited upon victims heinous depraved involve mental state attitude perpetrator reflected words actions heinous means hatefully shockingly evil grossly bad cruel means disposed inflict pain esp wanton insensate vindictive manner sadistic depraved means marked debasement corruption perversion deterioration citations omitted evidence victim suffered pain appears record injection heroin victim lost consciousness never regained died therefore victim experienced pain mental suffering murder cruel purposes rejected respondent contention especially heinous cruel depraved aggravating circumstance construed applied unconstitutionally broad relying decision state gretzler supra held ach element cruel heinous depraved narrowly defined construed meet constitutional standards explained insistent murder especially cruel especially depraved apply clearly defined terms delineated factors guide us determining crime indeed committed manner case law reveals applicable murders narrowly limited applicability cases stand apart norm ibid citations omitted respondent petitioned writ habeas corpus district district arizona alleging among claims arizona interpretation especially heinous depraved aggravating circumstance unconstitutionally overbroad vague district reiterated arizona law murder especially heinous depraved includes infliction gratuitous violence upon victim indication defendant committed crime relish jeffers ricketts citations omitted district noted evidence case indicates victim penny either taken injected jeffers sufficiently large dose heroin lost consciousness even lost consciousness jeffers injected heroin kill attempted strangle belt finally accomplished intended purpose strangulation hands required eyewitness gunpoint perform acts corpse took pictures climbed top corpse inflicted blows face striking corpse stated blow one persons jeffers believed penny responsible arrest due narcotic trafficking activities jeffers pulled corpse across floor shower remained three days ibid divided panel appeals ninth circuit vacated respondent death sentence ground especially heinous depraved circumstance unconstitutionally vague applied jeffers ricketts initial matter appeals agreed district subsection aggravating circumstance unconstitutionally vague face citing chaney lewis cert denied appeals held however hile chaney establishes arizona statute void face capable constitutional application naturally answer question whether arizona statute constitutionally applied jeffers case reviewing number arizona cases defining applying especially heinous depraved circumstance appeals compared facts cases facts case concluded standard heinousness depravity delineated prior arizona cases applied principled manner jeffers appeals therefore struck respondent death sentence arbitrary apply standard especial heinousness depravity jeffers case facts permit arbitrary capricious therefore unconstitutional application standard arizona existing standard extended jeffers case without losing ability distinguish principled manner condemns death citing godfrey georgia dissenting member panel maintained majority little arizona interpretation facts quite reasonably fit within statutory definition aggravating circumstances granted certiorari ricketts jeffers reverse ii petitioners contend case presents question whether federal may make de novo review evidence supporting state finding facially constitutional aggravating circumstance respondent maintains case presents question whether appeals correctly held arizona construction subsection aggravating circumstance case contravened decisions godfrey georgia supra maynard cartwright begin analysis respondent contention capital punishment doctrine rooted principle eighth fourteenth amendments tolerate infliction sentence death legal systems permit unique penalty wantonly freakishly imposed gregg georgia joint opinion quoting furman georgia stewart concurring see also furman supra white concurring invalidating capital punishment statute meaningful basis distinguishing cases death penalty imposed many cases accordingly discretion afforded sentencing body matter grave determination whether human life taken spared discretion must suitably directed limited minimize risk wholly arbitrary capricious action gregg supra principle requires state channel sentencer discretion clear objective standards provide specific detailed guidance make rationally reviewable process imposing sentence death godfrey supra footnotes omitted state definitions aggravating circumstances circumstances make criminal defendant eligible death penalty therefore play significant role channeling sentencer discretion gregg example held georgia outrageously wantonly vile aggravating circumstance ann supp outrageously wantonly vile horrible inhuman involved torture depravity mind aggravated battery victim unconstitutionally vague georgia courts give narrowing construction see joint opinion although arguabl murder involves depravity mind aggravating battery reason assume georgia adopt construction see also proffitt florida joint opinion upholding florida especially heinous atrocious cruel aggravating circumstance supp ground florida restricted circumstance include conscienceless pitiless crime unnecessarily torturous victim godfrey georgia supra however plurality held although georgia adopted narrowing construction georgia subsection aggravating circumstance death sentence issue stand evidence existed state courts applied narrowing construction facts case circumstances case satisfy criteria laid georgia cases adopting narrowing construction georgia courts applied narrowing construction plurality considered whether georgia affirming death sentence nevertheless applied constitutional construction subsection aggravating circumstance plurality concluded state principled way distinguish case death penalty imposed many cases reiterated general principle aggravating circumstances must construed permit sentencer make principled distinction deserve death penalty see spaziano florida state determined death available penalty certain crimes must administer penalty way rationally distinguish individuals death appropriate sanction zant stephens aggravating circumstance must genuinely narrow class persons eligible death penalty must reasonably justify imposition severe sentence defendant compared others found guilty murder omitted see also barclay florida stevens concurring judgment constant theme cases gregg proffitt godfrey eddings recently zant emphasis procedural protections intended ensure death penalty imposed consistent rational manner lowenfield phelps indeed maynard cartwright applied teachings godfrey hold oklahoma courts construed oklahoma especially heinous atrocious cruel aggravating circumstance manner sufficient cure unfettered discretion jury satisfy commands eighth amendment concluded oklahoma conclusion th facts case jury verdict murder especially heinous atrocious cruel supportable cure constitutional infirmity aggravating circumstance ibid respondent reliance godfrey cartwright however yield result seeks unlike godfrey dispute case arizona applied narrowing construction arizona subsection aggravating circumstance facts respondent case see state jeffers important appeals noted subsection aggravating circumstance interpreted arizona courts unconstitutionally vague face see citing chaney lewis arizona appears sufficiently channeled sentencing discretion prevent arbitrary capricious capital sentencing decisions defined factors set forth section definitions applied consistently chaney supra citations quotations omitted even appeals held resolved doubt matter walton arizona ante upheld vagueness challenge precise aggravating circumstance issue case see ante holding walton disposes respondent claim arizona construed subsection aggravating circumstance constitutionally narrow manner bears repeating recognizing proper degree definition aggravating factor nature susceptible mathematical precision conclude definition given especially cruel provision arizona constitutionally sufficient gives meaningful guidance sentencer fault state statement crime committed especially depraved manner perpetrator relishes murder evidencing debasement perversion shows indifference suffering victim evidences sense pleasure killing ante citation omitted dissent suggestion reliance walton misplaced without merit granted certiorari walton decide hether arizona especially heinous cruel depraved aggravating circumstance interpreted arizona courts fails channel sentencer discretion required eighth amendment brief petitioner walton arizona judgment case plainly rested negative answer question see ante ante scalia concurring part concurring judgment see also ante blackmun dissenting discussing vagueness state courts construction especially heinous depraved aggravating circumstance decline dissent apparent invitation reconsider arguments addressed rejected decision announced today light appeals rejection respondent facial challenge respondent defends decision ground even arizona adopted constitutionally narrow construction subsection aggravating circumstance even arizona applied narrowing construction facts case aggravating circumstance may nevertheless vague applied rejected identical claim walton however conclusion reached walton applies equal force case walton nevertheless contends heinous cruel depraved factor applied arbitrary manner applied distinguish case cases death sentence imposed effect walton challenges proportionality review arizona erroneous asks us overturn decline concluded challenged factor construed arizona courts manner furnishes sufficient guidance sentencer proportionality review constitutionally required lawfully may presume walton death sentence wantonly freakishly imposed thus sentence disproportionate within recognized meaning eighth amendment kemp pulley harris furthermore arizona plainly undertook proportionality review good faith found walton sentence proportional sentences imposed cases similar constitution require us look behind conclusion ante light rejection respondent constitutional challenge arizona especially heinous depraved aggravating circumstance see walton respondent contention arizona application narrowing construction facts case nevertheless failed distinguish case cases find aggravating circumstance reduces essence claim state simply misapplied aggravating circumstance facts case federal habeas corpus relief lie errors state law see pulley harris rose hodges per curiam federal habeas review state application constitutionally narrowed aggravating circumstance limited determining whether state finding arbitrary capricious constitute independent due process eighth amendment violation cf donnelly dechristoforo absent specific constitutional violation federal habeas review trial error limited whether error infected trial unfairness make resulting conviction denial due process making determination respect state findings fact application law counsels sort de novo review undertaken appeals case cf illumined case examples furnished arizona especially heinous depraved standard seems call conduct attitudes shocking exhibited jeffers issue solely whether state properly found existence constitutionally narrowed aggravating circumstance never required federal courts peer majestically state shoulder might interpretation facts quite reasonably perhaps even quite plainly fit within statutory language godfrey white dissenting omitted see barclay plurality opinion review state findings aggravating circumstances limited question whether unprincipled arbitrary somehow violate constitution stevens concurring judgment role reexamine trial findings fact affirmed florida assuming facts true federal constitutional infirmity two findings statutory aggravating circumstances rather determining whether state application constitutionally adequate aggravating circumstance erroneous raise independent due process eighth amendment violation think appropriate standard review rational factfinder standard established jackson virginia held jackson federal habeas corpus claimant alleges state conviction unsupported evidence federal courts must determine whether conviction obtained violation winship asking whether viewing evidence light favorable prosecution rational trier fact found essential elements crime beyond reasonable doubt citation omitted see also hold challenge state criminal conviction brought settled procedural prerequisites claim otherwise satisfied applicant entitled habeas corpus relief found upon record evidence adduced trial rational trier fact found proof guilt beyond reasonable doubt omitted reasoned familiar standard gives full play responsibility trier fact fairly resolve conflicts testimony weigh evidence draw reasonable inferences basic facts ultimate facts defendant found guilty crime charged factfinder role weigher evidence preserved legal conclusion upon judicial review evidence considered light favorable prosecution omitted moreover federal adhere jackson standard even reviewing decision state appellate independently reviewed evidence underlying question remains state aggravating circumstances adequately perform constitutional function state application circumstances raises apart due process eighth amendment concerns question proper application state law state finding aggravating circumstance particular case including de novo finding appellate particular offense especially heinous depraved arbitrary capricious reasonable sentencer concluded indeed respondent agrees state especially heinous depraved finding insofar matter state law reviewable federal courts rational factfinder rule jackson virginia brief respondent emphasis added omitted applying jackson standard case hold rational factfinder found respondent relished crime inflicted gratuitous violence victim given evidence jeffers beating dead victim called bitch dirty snitch striking blow said one naming several names state jeffers think arizona finding respondent relished killing one rational factfinder made moreover arizona finding respondent inflicted gratuitous violence rationally supported evidence respondent climbed top dead victim hit face several times eventually resulted additional wounds bleeding ibid light arizona narrowing construction especially heinous depraved aggravating circumstance see state gretzler listing factors arizona reasonably concluded respondent committed murder especially heinous depraved manner foregoing reasons reverse judgment appeals remand proceedings consistent opinion ordered footnotes aggravating circumstances considered shall following defendant convicted another offense arizona law sentence life imprisonment death imposable defendant previously convicted felony involving use threat violence another person commission offense defendant knowingly created grave risk death another person persons addition victim offense defendant procured commission offense payment promise payment anything pecuniary value defendant committed offense consideration receipt expectation receipt anything pecuniary value defendant committed offense especially heinous cruel depraved manner defendant committed offense custody state department corrections law enforcement agency county city jail defendant convicted one homicides defined committed commission offense defendant adult time offense committed tried adult victim fifteen years age murdered individual duty peace officer killed course performing official duties defendant knew known victim peace officer arizona provides determining whether impose sentence death life imprisonment without possibility release basis shall take account aggravating mitigating circumstances included subsections section shall impose sentence death finds one aggravating circumstances enumerated subsection section mitigating circumstances sufficiently substantial call leniency seeking habeas corpus relief appeals ninth circuit respondent jimmie wayne jeffers raised two challenges arizona especially heinous depraved aggravating circumstance circumstance first jeffers contended arizona failed articulate constitutionally sufficient limiting construction circumstance alternative jeffers argued even suitable limiting construction developed application case failed satisfy constitutional requirements appeals deeming bound circuit precedent rejected respondent first contention jeffers ricketts citing chaney lewis cert denied respect second contention however concluded standard enunciated arizona seems call conduct attitudes shocking exhibited jeffers ecause conclude standard heinousness depravity delineated prior arizona cases applied principled manner jeffers death sentence must struck arbitrary state filed petition rehearing rehearing en banc panel indicated ruling rehearing petition deferred pending decision sitting en banc adamson ricketts order march quoted brief respondent several months later en banc issued decision adamson ricketts cert pending exhaustive analysis relevant arizona precedents en banc concluded circumstance given sufficiently narrow construction arizona application kept within identifiable boundaries among fifty cases finding appealed unable distinguish rationally cases arizona upheld finding neither legislative standard case law properly channeled decisionmaking imposition especially heinous cruel depraved aggravating circumstance find circumstance arbitrarily capriciously applied arizona courts respondent jeffers defends judgment appeals grounds satisfactory limiting construction circumstance derived arizona precedents alternatively construction exist improperly applied case jeffers first claim logically antecedent second raises issue greater general importance given decision en banc appeals adamson hardly regarded insubstantial today however simply refuses discuss merits respondent broad challenge circumstance lieu analysis relies single sentence dictum opinion another case issued today believe arizona application factor squared governing precedents regard majority approach parody constitutional adjudication dissent consistently recognized aggravating circumstance must genuinely narrow class persons eligible death penalty must reasonably justify imposition severe sentence defendant compared others found guilty murder zant stephens application respondent arizona circumstance sustained aggravating factor provides principled way distinguish case death penalty imposed many cases godfrey georgia plurality opinion majority contend statutory language requires murder especially heinous depraved sufficiently precise meet constitutional standards rather refers repeatedly narrowing construction circumstance announced arizona see ante nowhere precisely narrowing construction examine arizona cases see whether construction consistently applied majority suggests however narrowing construction announced arizona state gretzler cert denied see ante analysis arizona opinion gretzler relationship prior arizona capital cases belies characterization prior gretzler arizona application circumstance based principally decision state knapp cert denied recited dictionary definitions statutory terms heinous defined hatefully shockingly evil grossly bad cruel defined disposed inflict pain esp wanton insensate vindictive manner sadistic depraved defined marked debasement corruption perversion deterioration concluded hat legislature intended include aggravating circumstance killing wherein additional circumstances nature enumerated set crime apart usual norm ibid gretzler suggest knapp definitions insufficient guide sentencer discretion narrowing required contrary quoted definitions approval stated believe statutory phrase especially heinous cruel depraved construed constitutionally narrow fashion properly applied individual cases summary law developing area supports conclusion explaining kinds murders properly regarded especially heinous depraved stated contrast emphasis upon victim suffering feelings case cruelty statutory concepts heinous depraved involve killer vile state mind time murder evidenced killer actions cases suggested specific factors lead finding heinousness depravity next drawing examples prior arizona cases identified five factors presence indicate particular killing especially heinous depraved factors apparent relishing murder killer infliction gratuitous violence victim needless mutilation victim senselessness crime helplessness victim finally noted circumstances specific factors discussed separate crime norm first degree murders reverse finding crime committed especially heinous cruel depraved manner emphasis added arizona opinion gretzler obviously announce narrowing construction circumstance suggest standards previously applied inadequate constraints sentencer discretion essential instead arizona cited knapp definitions approval gave examples application matter vaguely defined aggravating circumstance finite number cases circumstance applied hardly limits application aggravating factor list prior decisions provide illustrative examples among see arizona description manner vague aggravating factor applied regarded establishment constitutionally sufficient narrowing construction gretzler narrow discretion future sentencers simply grouping prior decisions categories use categories serve guide sentencer categories narrow enough significant number homicides fall within indicates murder covered aggravating circumstance falls within one enumerated categories arizona decision gretzler satisfies neither criteria first degree murders fall within least one five categories listed gretzler hardly surprising result since gretzler categories simply descriptive prior period knapp definitions governed application aggravating factor since gretzler moreover arizona continued identify additional circumstances support conclusion particular murder especially heinous depraved fact also unsurprising gretzler purport lay rules future simply summarized prior case law indicated finding proper circumstances specific factors discussed separate crime norm first degree murders emphasis added majority contend knapp definitions furnished constitutionally sufficient guidance capital sentencers arizona prior gretzler reasonable sentencer might conclude every first degree murder especially heinous cruel depraved see supra reasonable judge surely believe killings hatefully shockingly evil marked debasement corruption perversion deterioration yet majority apparently concludes arizona cured constitutional infirmity summarizing prior decisions reiterating approval constitutionally deficient construction relied previously pledging follow approach future majority undertakes close examination gretzler arizona cases prior subsequent makes attempt explain arizona construction terms especially heinous depraved said satisfy constitutional requirements announced prior decisions indeed majority conclusion arizona satisfactorily limited reach statutory language supported analysis instead relies assertion resolved doubt matter walton arizona ante upheld vagueness challenge precise aggravating circumstance issue case ante majority claim walton involves precise aggravating circumstance issue case however fundamentally misrepresents operation arizona statute arizona consistently asserted terms heinous cruel depraved considered disjunctive presence one three factors aggravating circumstance state beaty cert denied therefore accurate characterize circumstance three aggravating factors one walton arizona determining factor established relied primarily conclusion murder especially cruel although also indicated murder especially depraved stated clearly conclusion necessary finding circumstance see state walton clear evidence cruelty sufficient sustain trial judge finding aggravating factor believe evidence also supports finding depravity affirming jeffrey walton death sentence today also focuses attention constitutional sufficiency arizona construction cruelty concludes recognizing proper degree definition aggravating factor nature susceptible mathematical precision conclude definition given especially cruel provision arizona constitutionally sufficient gives meaningful guidance sentencer fault state statement crime committed especially depraved manner perpetrator relishes murder evidencing debasement perversion shows indifference suffering victim evidences sense pleasure killing ante emphasis added think important frank happening death penalty laws many establish aggravating circumstances similar one issue case since statutory language defining factors provide constitutionally adequate guidance constitutionality aggravating circumstances necessarily depends construction given state highest expressed apparent approval limiting construction requiring torture serious physical abuse maynard cartwright held permissible construction aggravating circumstance kind prior today never suggested aggravating factor permissibly construed manner make reference suffering victim decision today likely result execution numerous inmates arizona elsewhere otherwise put death yet neither case walton articulated argument support decision majority undertaken examination way aggravating circumstance applied arizona instead relies conspicuous bootstrap five members joined majority opinion walton single sentence asserts without explanation majority fault arizona construction statutory term depraved present case five members proclaim bound scrap dictum context poor excuse constitutional adjudication capital case deeply disturbing degree understandable majority chooses rely exclusively brief passing dictum walton examined range homicides arizona held especially heinous depraved plausibly argued state placed meaningful limits application aggravating circumstance dissent walton explains detail reasons conclusion aggravating factor defined arizona fails satisfy constitutional requirements appeals ninth circuit sitting en banc exhaustive analysis relevant state precedents also concluded especially heinous depraved circumstance unconstitutionally vague see adamson ricketts need reiterate arguments sufficient note neither arizona attempted refute analysis indeed constitutional defects arizona application circumstance illustrated state conclusion respondent relished murder factor supports finding killing especially heinous depraved based conclusion testimony indicating respondent struck victim several times appeared dead striking called bitch dirty snitch striking blow said one naming several friends victim informed police arizona explain precisely meant saying respondent relished crime evidence suggest jeffers killed sake killing found intrinsic pleasure act murder rather evidence indicates respondent killed hatred particular individual desire revenge difference may state rationally conclude murder committed personal hatred reprehensible killing committed reasons state arizona said arrived conclusion arizona also held murder especially heinous depraved committed eliminate witness see state correll state gillies cert denied state smith senseless see gretzler statute provides shall aggravating circumstance murder committed pecuniary gain see arizona also identified blameworthy motives view suggest murder especially heinous depraved taken together decisions arizona hold murder deemed especially blameworthy committed virtually reason reason arizona decisions dealing especially improper motives symptomatic larger pattern construction circumstance least since gretzler generally avoided error simply recounting events surrounding particular crime announcing conclusory fashion murder especially heinous depraved rather typically identifies specific factors support conclusion aggravating circumstance established one decision examined isolation may appear state narrowly construed circumstance manner satisfies constitutional requirements problem arizona identified many factors shown willing add new factors perceived need arises body precedents places meaningful limitations application aggravating circumstance constitutional infirmity approach recognized examination one opinion becomes apparent upon examination relevant decisions taken whole unfortunately inquiry required informed assessment arizona application aggravating factor one simply refuses undertake ii majority devotes energy arguing federal habeas concluded state adopted constitutionally sufficient limiting construction aggravating circumstance largely refrain engaging comparisons homicide review prior decisions aggravating factor found concludes since rational factfinder determined respondent relished murder engaged gratuitous violence death sentence must allowed stand concede respondent crime plainly distinguishable murders arizona found especially heinous depraved indeed conclusion hardly otherwise argued circumstance construed broadly cover virtually every first degree murder scarcely contend finding case bizarre aberrational however brief observations concerning role federal habeas courts reviewing state findings aggravating circumstances think majority wrong arguing state application valid aggravating circumstance involves question state law see ante statutory aggravating circumstances perform state law function determining sentenced death aggravating factors also perform distinct function determining murderers eligible death penalty matter federal law see zant stephens tatutory aggravating circumstances play constitutionally necessary function stage legislative definition circumscribe class persons eligible death penalty lowenfield phelps point particularly clear cases like present one circumstance aggravating factor arizona found exist state erred determination aggravating circumstance proved error federal constitutional significance defendant claims aggravating factor established contending eighth amendment simply state law prohibits execution majority points federal courts habeas corpus proceedings must generally accord presumption correctness state factual findings ante emphasis added presumption correctness apply however habeas petitioner demonstrates factfinding procedure employed state adequate afford full fair hearing present case sentencing procedure conducted clearly unconstitutional scheme see supra relevant factfinder therefore arizona majority appears acknowledge see ante arguing federal adhere jackson standard even reviewing decision state appellate independently reviewed evidence held general presumption correctness mandated applicable factual findings state appellate courts sumner mata also recognized however might instances presumption apply appellate factfinding appellate factfinding procedures adequate see example question might given case turn credibility determinations accurately made appellate basis paper record cabana bullock indeed present case inadequacy arizona procedure goes beyond fact see witnesses forced rely upon paper record times respondent trial sentencing hearing even appellate briefs submitted oral argument conducted respondent reason believe sentencer attach particular importance conclusion defendant relished killing inflicted gratuitous violence victim death arizona opinion gretzler issued days prior decision jeffers case far late jeffers submit evidence argument regarding presence gretzler factors present case appears dispute regarding primary facts underlying arizona finding circumstance respondent apparently deny struck victim dead cursed conflict testimony regarding point regard arizona factfinding procedures adequate resolve conflict determining jeffers relished crime inflicted gratuitous violence victim arizona simply apply determinate standards new set facts rather assertion respondent relished killing penelope cheney said much understanding word relish jeffers state mind time murder thus despite prior ninth circuit decision holding circumstance adequately narrowed federal properly limit question whether rational factfinder might conclude jeffers relished killing employed gratuitous violence rather habeas right duty ask whether arizona construction circumstance remained adequate satisfy constitution light application case hand thus habeas review cases kind necessarily involves comparison case review prior decisions applying aggravating factor means determining whether state incorrectly applied construction statutory terms means determining whether state application construction instant case expands scope aggravating factor way make previously valid limiting construction unconstitutionally broad indeed think comparative approach necessary matter standard review habeas employs even state finding reviewed rational factfinder standard majority wrong say appeals erred comparing jeffers crime cases factor established words like relish may somewhat precise heinous depraved still less crystalline clarity attempting apply jackson standard must ask whether rational factfinder believe jeffers relished crime term construed arizona arizona used word relish mean one thing decisions something different jeffers case application jeffers arbitrary even meanings found given dictionary appeals departed rational factfinder standard requiring close correlation case others simply employing comparative approach suppose example arizona consistently construed circumstance requiring physical abuse found standard satisfied cases killer subjected victim prolonged severe physical suffering presumably construction valid see maynard cartwright suppose subsequent case found factor proved defendant slapped victim shot dead defendant federal habeas raise two related distinct challenges first defendant might argue reasonable factfinder conclude single slap constituted physical abuse term previously construed arizona amount contention state misapplied rule alternatively defendant might argue physical abuse longer deemed adequate limiting construction phrase construed including single slap however challenge framed though habeas limit question whether rational factfinder conclude slap fell within plausible definition physical abuse iii majority discussion way federal habeas review application valid aggravating circumstance facts particular case seems flawed significant respects principal disagreement however insistence addressing issue majority makes effort justify holding arizona placed constitutionally sufficient limitations especially heinous depraved aggravating circumstance instead relies entirely sentence dictum today opinion walton opinion offers rationale support conclusion dissenting opinion walton notes increasing tendency review constitutional claims capital defendants perfunctory manner action case goes far beyond anything observed dissent circumstance applies sentencer finds defendant committed offense especially heinous cruel depraved manner present case arizona found cruelty proved evidence victim suffered pain state jeffers find murder heinous depraved adequacy finding issue case arizona disagreed trial determination jeffers knowingly created grave risk death another person persons addition victim offense see consequently jeffers sentence death rests entirely factor eleven judges sat en banc panel adamson seven judges concluded none three terms heinous cruel depraved circumstance construed arizona manner satisfied constitutional requirements four judges argued state announced satisfactory construction word cruel four declined express view adequacy arizona application terms heinous depraved opinion concurring dissenting petitioner contends jeffers entitled argue arizona failed articulate constitutionally sufficient limiting construction circumstance petitioner argues point waived since ninth circuit panel ruled respondent claim jeffers seek rehearing certiorari reply brief petitioner majority correctly though silently rejects proposition basis suggestion respondent sought rehearing appeals filed prevailed well established respondent may defend judgment appeals ground supported record see smith phillips contention plausible godfrey plurality considering georgia outrageously wantonly vile horrible inhuman aggravating circumstance concluded nothing words standing alone implies inherent restraint arbitrary capricious infliction death sentence person ordinary sensibility fairly characterize almost every murder outrageously wantonly vile horrible inhuman maynard cartwright considered oklahoma especially heinous atrocious cruel aggravating factor unanimously concluded language oklahoma aggravating circumstance issue gave guidance outrageously wantonly vile horrible inhuman language jury returned verdict godfrey statutory language precise respondent sentenced lo death trial judge arizona provided guidance application circumstance beyond definitions quoted state knapp respondent sentencing procedure therefore conducted invalid scheme affirm judgment ground even believed arizona subsequently announced valid limiting construction aggravating factor see clemons mississippi dissenting opinion describing kinds murders qualify especially heinous depraved arizona continued employ formulations relied upon knapp see state fulminante quoting knapp definitions cert granted state beaty cert denied state poland state johnson finding appropriate cases killer acted fashion acts set apart norm first degree murderers majority also places peculiar emphasis appeals conclusion aggravating factor construed arizona unconstitutionally vague see ante unusual show deference legal conclusion appeals particularly conclusion made decision review simply perverse rely upon appeals decision proposition longer good law within circuit majority inexplicably neglects mention panel conclusion point superseded decision en banc adamson ricketts seven judges expressed view question concluded arizona failed articulate constitutionally sufficient narrowing construction terms heinous depraved might even accurate say aggravating circumstance includes two distinct concepts cruelty arizona made superficial effort explain difference murder heinous murder depraved see adamson ricketts one commentator stated permit imposition death penalty based finding murder way worse murders use variety terms denote aggravating circumstance statutes containing either alone combination terms especially heinous atrocious cruel depravity mind outrageously vile wanton inhuman aggravating circumstances generated controversy aggravating circumstance commentators universally criticized vague overbroad meaningless rosen especially heinous aggravating circumstance capital cases standardless standard footnotes omitted addition present case least occasions arizona found particular murder especially heinous depraved especially cruel see state ceja state clark cert denied state bishop state tison cert denied state ortiz cert denied state woratzeck state zaragoza cert denied state harding cert denied state fisher cert denied state villafuerte cert denied state cert denied state wallace cert denied four cases besides present one aggravating circumstance see state ceja supra state bishop supra state villafuerte supra state wallace supra identification particularly blameworthy motives murder seem however appropriately task legislature state judiciary see rosen codification aggravating factor vaguely defined circumstance essence act legislative abdication since requires state courts make fundamental policy choices guise interpreting statute arizona construed aggravating factor applying whenever expectation financial gain cause murders state clark clark rejected specially concurring justice position aggravating circumstance applied murders committed hired killers see state murder demonstrate manliness reflects manifest disregard fundamental principles upon society based state mccall finding supported part fact mutilation victims bodies designed message warn people cert denied state might reasonably conclude murder especially reprehensible victim years old child physically vulnerable life ahead years old respect traditionally accorded elderly years old person age likely others dependent upon support cogent argument also made killing victim especially blameworthy none choices unreasonable state statute kind must choose state invoked first one argument ultimately found virtually every case age victim made murder especially heinous depraved aggravating circumstance broad approach developed majority walton however arizona impunity apply aggravating circumstance fashion state held youth victim made particular murder especially heinous depraved presumably assert construction narrowed application aggravating factor manner satisfied constitutional standards defendant cited decisions state held murders especially heinous depraved victim years old apparently refuse read cases ground defendant entitled challeng proportionality review arizona see ante quoting walton ante similarly eighth amendment prohibits imposition capital sentence unless defendant found killed attempted kill intended killing take place enmund florida may laws many require similar finding adequacy procedure finding made question federal well state law presumption correctness also inapplicable material facts adequately developed state hearing applicant receive full fair adequate hearing state proceeding arizona gretzler summarized prior arizona decisions support conclusion circumstance established murderer relished killing employed gratuitous violence prior decisions use terms relish gratuitous violence part simply recounted facts case concluded murder especially cruel depraved prior decision gretzler jeffers notice gretzler factors accorded particular significance determining whether factor established