arizona rumsey argued april decided may arizona statutory capital sentencing scheme provides murder conviction trial judge jury must conduct separate sentencing hearing determine whether death appropriate sentence judge must choose two options death life imprisonment without possibility parole years death sentence may imposed unless least one statutory aggravating circumstance present must imposed one aggravating circumstance mitigating circumstance sufficiently substantial call leniency judge must make findings respect statutory aggravating mitigating circumstances sentencing hearing involves submission evidence presentation argument state burden proving existence aggravating circumstances beyond reasonable doubt jury convicted respondent armed robbery murder trial judge conducted required sentencing hearing ultimately found aggravating mitigating circumstances present ruled contrary state contention statutory aggravating circumstance relating killing pecuniary gain applied murders hire apply murders committed order obtain money murders committed robbery accordingly respondent sentenced murder conviction life imprisonment without possibility parole years also sentenced years imprisonment armed robbery sentences run consecutively respondent appealed arizona challenging imposition consecutive sentences state filed contending trial committed error law interpreting pecuniary gain aggravating circumstance apply contract killings rejecting respondent challenge sentence ruling state set aside life sentence remanded redetermination aggravating mitigating circumstances resentencing murder conviction remand trial held new sentencing hearing rejected respondent argument imposing death penalty violate bullington missouri found pecuniary gain aggravating circumstance present mitigating circumstance sufficient call leniency sentenced respondent death respondent mandatory appeal arizona held bullington respondent death sentence violated double jeopardy clause fifth amendment ordered sentence reduced life imprisonment without possibility parole years held double jeopardy clause prohibits arizona sentencing respondent death case controlled bullington held double jeopardy clause applied missouri capital sentencing proceeding barring imposition death penalty upon reconviction initial conviction set aside appeal resulted rejection death sentence proceeding comparable trial issue guilt initial sentence life imprisonment effect acquitted defendant death penalty capital sentencing proceeding arizona shares characteristics missouri proceeding made resemble trial purposes double jeopardy clause thus respondent initial life sentence constitutes acquittal death penalty state sentence respondent death conviction murder although trial initially relied misconstruction statute defining pecuniary gain aggravating circumstance reliance error law change double jeopardy effects judgment amounts acquittal merits issue sentencing proceeding whether death appropriate punishment respondent offense wilson distinguished pp affirmed delivered opinion burger brennan marshall blackmun powell stevens joined rehnquist filed dissenting opinion white joined post william schafer iii argued cause petitioner brief robert corbin attorney general arizona james rummage appointment argued cause filed brief respondent timothy ford jack greenberg james nabrit iii anthony amsterdam filed brief naacp legal defense educational fund amicus curiae urging affirmance justice delivered opinion question presented whether double jeopardy clause prohibits state arizona sentencing respondent death life sentence initially received set aside appeal agree arizona bullington missouri squarely controls disposition case interpretation double jeopardy clause adopted decision imposition death penalty respondent unconstitutional arizona jury convicted respondent armed robbery first degree murder trial judge jury conducted separate sentencing hearing determine according statutory scheme considering aggravating mitigating circumstances rev stat ann supp whether death appropriate sentence murder conviction petitioner relying entirely evidence presented trial argued three statutory aggravating circumstances present respondent presenting one witness countered aggravating circumstances present several mitigating circumstances one principal points contention concerned scope rev stat ann supp defines aggravating circumstance murder commission consideration receipt expectation receipt anything pecuniary value respondent argued provision applies murders hire whereas petitioner argued applies murders committed order obtain money several days sentencing hearing trial judge imposes sentence without assistance jury arizona scheme returned special verdict setting forth findings statutory aggravating mitigating circumstances judge found aggravating mitigating circumstances present app particular respect aggravating circumstance defined trial judge found defendant commit offense consideration receipt expectation receipt anything pecuniary value regard agree state interpretation state madsen filed march believes read together intended apply killing situation robbery burglary etc app respondent appealed judgment arizona arguing imposition consecutive sentences case violated federal state law arizona law rev stat ann respondent appeal permitted petitioner file life sentence petitioner contended trial committed error law interpreting pecuniary gain aggravating circumstance apply contract killings state rejected respondent challenge sentence agreed petitioner however trial misinterpreted theft committed course murder constitute aggravating circumstance section trial misinterpretation state concluded sentence life imprisonment previously imposed set aside matter remanded redetermination aggravating mitigating circumstances resentencing sentence armed robbery left undisturbed remand trial held new sentencing hearing neither petitioner respondent presented new evidence although opportunity heard argument however lawfulness imposing death penalty resentencing presence aggravating mitigating circumstances petitioner argued neither federal state law barred sentencing respondent death petitioner also urged find three statutory aggravating circumstances identified first sentencing largely repeating arguments made first proceeding app respondent argued imposing death penalty violate bullington missouri north carolina pearce arizona rule criminal procedure implements resentencing principles pearce case respect aggravating mitigating circumstances respondent effectively conceded presence pecuniary gain aggravating circumstance thinking issue foreclosed statement opinion state see app instant case hope financial gain cause murder respondent contended aggravating circumstance outweighed statutory mitigating circumstance among five enumerated death sentencing statute according testimony jury foreperson conviction first degree murder based instruction premeditation instruction thus respondent contended regard theft aggravating circumstance using elevate second degree murder first form double counting app several days hearing trial returned special verdict reciting findings statutory aggravating mitigating circumstances one nonstatutory mitigating circumstance urged respondent found present one seven statutory aggravating circumstances namely concerning commission murder pecuniary gain also found none five statutory mitigating circumstances present fact murder conviction felony murder mitigating circumstance sufficiently substantial call leniency app accordingly required arizona law rev stat ann supp sentenced respondent death mandatory appeal arizona respondent argued imposition death sentence resentencing effectively acquitted death initial sentencing violated double jeopardy clause fifth amendment applied fourteenth amendment benton maryland also argued death sentence violated due process clause fourteenth amendment interpreted north carolina pearce supra arizona addressed first argument concluded decision bullington missouri supra respondent sentence violated constitutional prohibition double jeopardy therefore ordered respondent sentence first degree murder reduced life imprisonment without possibility parole years state arizona filed petition writ certiorari granted certiorari affirm ii bullington missouri held double jeopardy clause applies missouri capital sentencing proceeding thus bars imposition death penalty upon reconviction initial conviction set aside appeal resulted rejection death sentence identified several characteristics missouri sentencing proceeding make comparable trial double jeopardy purposes discretion sentencer jury missouri restricted precisely two options death life imprisonment without possibility release years addition sentencer make decision guided substantive standards based evidence introduced separate proceeding formally resembles trial finally prosecution prove certain statutorily defined facts beyond reasonable doubt order support sentence death reasons missouri sentencer imposes sentence life imprisonment capital sentencing proceeding determined prosecution failed prove case believed anxiety ordeal suffered defendant missouri capital sentencing proceeding equal suffered trial issue guilt concluded double jeopardy clause prohibits state resentencing defendant death sentencer effect acquitted defendant penalty capital sentencing proceeding arizona shares characteristics missouri proceeding make resemble trial purposes double jeopardy clause sentencer trial judge arizona required choose two options death life imprisonment without possibility parole years sentencer must make decision guided detailed statutory standards defining aggravating mitigating circumstances particular death may imposed unless least one aggravating circumstance found whereas death must imposed one aggravating circumstance mitigating circumstance sufficiently substantial call leniency sentencer must make findings respect statutory aggravating mitigating circumstances sentencing hearing involves submission evidence presentation argument usual rules evidence govern admission evidence aggravating circumstances state must prove existence aggravating circumstances beyond reasonable doubt see rev stat ann supp arizona held characteristics make arizona capital sentencing proceeding indistinguishable double jeopardy purposes capital sentencing proceeding missouri sentencer arizona trial judge rather jury render sentencing proceeding less like trial see morrison double jeopardy clause treats bench jury trials alike availability appellate review including reweighing aggravating mitigating circumstances make appellate process part single continuing sentencing proceeding arizona noted role strictly appellate trial indeed appeal need taken life imprisonment imposed appellate reweighing work defendant advantage short sentence imposed completed arizona capital sentencing hearing judgment like sentence issue bullington missouri held triggers protections double jeopardy clause double jeopardy principle relevant respondent case invoked bullington acquittal merits sole decisionmaker proceeding final bars retrial charge application bullington principle renders respondent death sentence violation double jeopardy clause respondent initial sentence life imprisonment undoubtedly acquittal merits central issue proceeding whether death appropriate punishment respondent offense trial entered findings denying existence seven statutory aggravating circumstances required state law entered judgment respondent favor issue death judgment based findings sufficient establish legal entitlement life sentence amounts acquittal merits bars retrial appropriateness death penalty making findings trial relied misconstruction statute defining pecuniary gain aggravating circumstance reliance error law however change double jeopardy effects judgment amounts acquittal merits fact acquittal may result erroneous evidentiary rulings erroneous interpretations governing legal principles affects accuracy determination alter essential character scott quoting brennan dissenting thus cases hold acquittal merits bars retrial even based legal error wilson held prosecution appeal judgment acquittal entered trial judge jury returned verdict guilty holding application case double jeopardy problem presented wilson appellate upon reviewing asserted legal errors trial judge simply order jury guilty verdict reinstated new factfinding necessary defendant therefore twice placed jeopardy contrast respondent initial capital sentencing one decisionmaker one set findings fact favorable respondent trial acquitted respondent death penalty verdict guilty appellate reinstate arizona accordingly remanded redetermination aggravating mitigating circumstances resentencing second sentencing proceeding similar first whereas defendant wilson subjected second trial acquittal first precisely happened respondent iii bullington missouri held double jeopardy protections attach missouri capital sentencing proceeding proceeding like trial capital sentencing proceeding arizona indistinguishable double jeopardy purposes proceeding missouri bullington therefore respondent initial sentence life imprisonment constitutes acquittal death penalty state arizona sentence respondent death conviction first degree murder petitioner invited overrule bullington decided three years ago decline invitation although adherence precedent rigidly required constitutional cases departure doctrine stare decisis demands special justification see swift wickham smith allwright petitioner suggested reason sufficient warrant taking exceptional action overruling bullington judgment arizona therefore affirmed today affirms decision arizona vacating death sentence imposed respondent murder committed course armed robbery applying interpretation given double jeopardy clause bare majority bullington missouri concludes case first sentencing also amounted implied acquittal respondent eligibility death penalty continue believe bullington wrongly decided reasons expressed justice powell dissent case even apart views believe reasoning underlying bullington applies remand resentencing correct legal error accordingly dissent central premise holding today trial first finding aggravating mitigating circumstances therefore life sentence imposed amounted implied acquittal merits respondent eligibility death sentence thereby barring possibility enhanced sentence upon resentencing virtue double jeopardy clause continued reliance implied acquittal rationale bullington simply inapt unlike jury decision bullington jury broad discretion decide whether capital punishment appropriate trial judge discretion case carefully confined directed determining whether certain specified aggravating factors existed compare mo rev stat rev stat ann supp obvious record state established first hearing respondent murdered victim course armed robbery fact undisputed sentencing sense meaningfully argued state failed prove case existence least one aggravating circumstance hard see implied acquittal statutory aggravating circumstance record explicitly establishes factual basis aggravating circumstance existed trial judge erroneous construction governing state law judge required impose death penalty matter state law arizona simply corrected erroneous sentence without remanding argument bullington prevent imposition death sentence much made clear decision wilson stating rule appellate order reversing conviction subject review without subjecting defendant double jeopardy wrote difficult see rule different simply defendant gotten favorable postverdict ruling law district judge rather appeals district judge relied degree evidence presented trial making ruling although review ruling law discharging defendant obviously enhances likelihood conviction subjects continuing expense anxiety defendant legitimate claim benefit error law error corrected without subjecting second trial second trier fact