Does Ring dictate that a jury determine whether a capital murder defendant is eligible for a sentence of death under Enmund and Tison, and, if so, is a state court decision to the contrary an unreasonable application of federal law under 28 U.S.C. § 2254?

Question Presented In Ring v. Arizona, this Court held: “Capital defendants .. . are entitled to a jury determination of any fact on which the legislature conditions an increase in their maximum punishment.” Ring v. Arizona, 536 U.S. 584, 589 (2002). In addition, in the line of cases including Enmund v. Florida, 458 U.S. 782 (1982), and Tison v. Arizona, 481 U.S. 137 (1987), this Court held that a non-triggerperson cannot be sentenced to death unless he (a) attempted to kill, or (b) intended that a killing take place, or (c) was a major participant in the crime and acted with reckless indifference. The holdings in these cases give rise to the following question: Does Ring dictate that a jury determine whether a capital murder defendant is eligible for a sentence of death under Enmund and Tison, and, if so, is a state court decision to the contrary an unreasonable application of federal law under 28 U.S.C. § 2254? ii