Mckaney v. Foreman

En Banc OPINION JURISDICTION ACCEPTED RELIEF DENIED; REMANDED 1 In light of principles set forth by the United States Supreme Court in Apprendi v. New Jersey, 530 U.S. 466 (2000), and Ring v. Arizona, 536 U.S. 584 (2002), as well as the requirements of the Arizona Constitution and laws, we decide in today's case whether, as a condition to the pursuit of capital punishment by the State, aggravating factors described in A.R.S. § 13-703(F) (Supp. 2003) must be specifically alleged in the charging document and supported by evidence of probable cause. For the reasons set forth below, we hold they do not. I.