Idaho v. Shackelford

(1) Whether the Idaho Supreme Court erred in concluding that errors under Ring v. Arizona, requiring statutory aggravating factors to be found by a jury, are not subject to harmless error analysis; and (2) whether the state met its burden of establishing beyond a reasonable doubt that any Ring error involving the failure to instruct the jury regarding the multiple murder aggravator was harmless, based on the evidence presented at trial and the jury’s verdict that Shackelford was guilty of two murders. (Note: Shackelford has filed his own in forma pauperis petition in No. 10-6218.)