Jeffers was convicted of murder in Arizona state court and sentenced to death. After the Arizona Supreme Court affirmed the conviction and sentence, Jeffers petitioned the United States District Court for a writ of habeas corpus. The writ was denied, 627 F.Supp. 1334, and Jeffers appealed to this court. With regard to the issues raised by Jeffers’s conviction, we affirmed the district court’s decision to deny the writ. But we reversed the district court’s decision to deny the writ with regard to the sentence of death. Jeffers v. Ricketts, 832 F.2d 476 (9th Cir.1987). The Supreme Court then reversed our ruling on the sentence, Lewis v. Jeffers, 497 U.S. 764, 110 S.Ct. 3092, 111 L.Ed.2d 606 (1990), and returned this case to us for resolution of the issues we did not consider earlier. Now, after considering these remaining issues regarding the constitutionality of the sentence of death, we again reverse the district court and remand for issuance of the writ.
I
The Arizona capital sentencing statute requires the state trial court to preside over an evidentiary hearing on the existence of aggravating and mitigating factors. The trial court is required to make findings on the existence of any aggravating factors listed in the statute. If the trial court finds any aggravating factors, it must then make findings on the existence of mitigating factors. The final step requires the trial court to impose a sentence of death if it determines that there are no mitigating factors sufficiently substantial to call for leniency.
At the time Jeffers was sentenced in 1980, the statute listed five specific mitigating factors. Ariz.Rev.Stat. 13-703(G)(1)~ (5). It also had been amended to include a general catch-all provision which made it clear, in accordance with the Supreme Court’s decision in Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. 2954, 57 L.Ed.2d 973 (1978), that the list of mitigating factors was not exclusive. Thus, the amended statute provides that mitigating circumstances include “any factors proffered by the defendant or the state which are relevant in determining whether to impose a sentence less than death, including any aspect of the defendant’s character, propensities or record and any of the circumstances of the offense_” Ariz.Rev.Stat. § 13-703(G). In this opinion, we use the label “nonstatutory” mitigating factors to refer to mitigating factors that are not specifically enumerated in subsections (G)(1)-(G)(5), but are nevertheless included in the broad catch-all provision required by Lockett.
The trial court sentenced Jeffers to death on the basis of two aggravating circumstances. First, the sentencing court found that, while committing the crime, Jeffers knowingly created a grave risk of death to another person in addition to the victim. Ariz.Rev.Stat. § 13-703(F)(3). Second, the trial court found that Jeffers committed the crime in a manner that was “especially heinous, cruel and depraved.” Ariz.Rev. Stat. § 13-703(F)(6).
The Arizona Supreme Court held that the “grave risk of death” aggravating circumstance did not apply to the facts of the case. State v. Jeffers, 135 Ariz. 404, 661 P.2d 1105, 1129-30, cert. denied, 464 U.S. 865, 104 S.Ct. 199, 78 L.Ed.2d 174 (1983). The Arizona Supreme Court also held that the murder was not especially cruel but affirmed the finding that it was especially heinous and depraved. 661 P.2d at 1130-31. The Arizona Supreme Court thus reversed the finding of one aggravating circumstance and modified the finding on the second. Nevertheless, instead of remanding the case to the trial court for resentenc-ing, the Arizona Supreme Court affirmed Jeffers’s sentence of death.
In part II, we explain that the Arizona courts failed to consider adequately certain mitigating evidence advanced by Jeffers. *1078In part III, we discuss the consequences of the Arizona Supreme Court’s ruling that the sentencing court relied on an invalid aggravating factor. We conclude that the Arizona Supreme Court upheld the sentence of death without carefully reweighing the mitigating evidence in light of the one remaining aggravating factor. The sentence of death therefore cannot stand.
II
Jeffers argues that the sentencing court in this case failed to consider adequately certain mitigating evidence. In mitigation, Jeffers introduced evidence of heroin addiction, of heroin use and alcohol intoxication at the time of the murder. He presented the history of his stormy love-hate relationship with the victim, including evidence that she had provoked him by informing on him to the police. In addition, Jeffers introduced evidence that he continued to deny involvement in the murder when he spoke with a psychiatrist while under the influence of sodium amytal.
We conclude that the sentencing court failed to consider adequately Jeffers’s evidence in mitigation. We further conclude that the sentencing court’s error was not cured by the Arizona Supreme Court’s review of Jeffers’s sentence. Under our decision in Smith v. McCormick, 914 F.2d 1153 (9th Cir.1990), the sentence of death cannot stand.
A
In considering the evidence that Jeffers was a heroin addict and was under the influence of heroin and alcohol at the time of the murder, the sentencing court inquired whether the evidence satisfied the first specific mitigating circumstance described in the statute. See Ariz.Rev.Stat. § 13-703(G)(1). Subsection (G)(1) provides that there is a mitigating circumstance if “[t]he defendant’s capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution.” Id. Applying the standard of that statutory mitigating circumstance, the sentencing court declined to find that Jef-fers was “significantly impaired” in his ability to conform to the law or to understand that his actions were wrong. The Arizona Supreme Court affirmed the sentencing court’s conclusion that the statutory mitigating circumstance of significant impairment was not proved. State v. Jeffers, 135 Ariz. 404, 661 P.2d 1105, 1132 (1983).
The sentencing court, however, did not consider the evidence of addiction and intoxication as a wowstatutory mitigating circumstance. Such consideration is mandated under the holding of Smith v. McCormick, 914 F.2d 1153 (9th Cir.1990). In Smith, the Montana courts erred by rejecting mitigating evidence of mental impairment simply because it did not rise to a level substantial enough to satisfy the wording of Montana’s statutory mitigating circumstance. “Because the evidence of mental impairment did not rise to the statutory level of ‘extreme’ or ‘substantial,’ the evidence was ‘rejected’ as a mitigating circumstance, rather than considered, as a mitigating circumstance of lesser weight, along with other factors.” Smith, 914 F.2d at 1167.
The sentencing court in Jeffers’s case erred in the same manner as the Montana courts did in Smith. Once the sentencing court concluded that Jeffers’s narcotics addiction and alcohol intoxication did not meet the statutory standard of “significant impairment,” it ended its inquiry. Jeffers’s mitigating evidence of drug and alcohol intoxication received no further consideration.1 If the sentencing court had conduct*1079ed the proper inquiry, it would have gone on to consider whether this evidence of drug and alcohol use was nevertheless sufficient to establish a nonstatutory mitigating circumstance, possibly in combination with other nonstatutory mitigating evidence.2
The second mitigating factor specified in the statute applies if “[t]he defendant was under unusual and substantial duress, although not such as to constitute a defense to prosecution.” Ariz.Rev.Stat. § 13-703(G)(2). It was under this factor that the sentencing court analyzed Jeffers’s evidence of his emotional love-hate relationship with the victim and the evidence that she provoked Jeffers by informing on him to law enforcement authorities. The sentencing court determined that this evidence did not satisfy the statutory mitigating circumstance of “unusual and substantial duress,” and the state supreme court affirmed. 661 P.2d at 1132. Under Smith v. McCormick, however, the sentencer is required to go on to consider whether the evidence is sufficient to establish a nonstatutory mitigating circumstance. In doing so, the sentencer must consider the evidence in combination with other relevant nonstatutory mitigating evidence, such as Jeffers’s intoxication and heroin addiction. The special verdict of the sentencing court does not suggest that it considered this mitigating evidence any further, either separately or in combination, after determining that it failed to qualify as a statutory mitigating factor.
As a third element in mitigation, Jeffers presented evidence that he continued to deny involvement in the murder when he spoke with a psychiatrist under the influence of sodium amytal. The fact that Jeffers denied his guilt under such circumstances provides additional evidentiary support for the proposition that Jef-fers committed the crime while suffering from some degree of mental impairment. See Godfrey v. Kemp, 836 F.3d 1567, 1559 (11th Cir.1988). The sentencing court did not discuss the sodium amytal evidence at all.
In Eddings v. Oklahoma, 455 U.S. 104, 102 S.Ct. 869, 71 L.Ed.2d 1 (1982), Justice O’Connor noted the importance of “re-mov[ing] any legitimate basis for finding ambiguity concerning the factors actually considered by the trial court.” Id. at 119, 102 S.Ct. at 879 (O’Connor, J., concurring). As we noted in Smith, “[t]he sentencing court must therefore explicitly discuss in its written findings all relevant mitigating circumstances, ‘including those it finds insufficient to warrant leniency.’ ” Smith, 914 F.2d at 1166, quoting Coleman v. Risley, 839 F.2d 434, 502 (9th Cir.1988) (Reinhardt, J., dissenting), rev’d sub nom. Coleman v. McCormick, 874 F.2d 1280 (9th Cir.1989) (en banc), cert. denied, 493 U.S. 944, 110 S.Ct. 349, 107 L.Ed.2d 337 (1989).
Because the sentencing court failed to discuss the evidence of duress, provocation, intoxication, and heroin addiction as non-statutory mitigating circumstances, and failed to discuss the sodium amytal evidence at all, the record does not permit this court to conclude that the evidence was considered adequately. “We are not permitted to presume that because evidence was admitted before the factfinder, it was necessarily given consideration.” Smith, 914 F.2d at 1166. Because there is a risk that mitigating evidence in this case was not fully considered, Jeffers’s sentence of death cannot stand. Smith, 914 F.2d at 1167-69.
B
At oral argument, the Arizona Attorney General3 acknowledged that this case is “on all fours” with Smith v. McCormick. *1080Nevertheless, he offered two reasons why the sentence of death should stand despite the trial court’s failure to comply with Smith. First, he contended that the Arizona Supreme Court’s affirmance of the sentence cured any errors made by the sentencing court. Second, he contended that the Supreme Court’s decision in Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989), precludes this court from relying on Smith v. McCormick in a collateral review of Jeffers’s sentence.
1
The Arizona Supreme Court affirmed Jeffers’s sentence of death after performing what it called an “independent review” of the record. The Arizona Attorney General argued that any errors committed by the trial court were corrected by the Arizona Supreme Court’s independent scrutiny. We disagree.
The Arizona Supreme Court’s description of its review in Jeffers's case demonstrates that it confined itself to reviewing the trial court’s findings on aggravating and mitigating circumstances and then performing its own balancing of those findings:
In death penalty cases this court independently reviews the facts that the trial court found established the presence or absence of aggravating and mitigating circumstances, and we determine for ourselves if the latter outweigh the former when we find both to be present.
State v. Jeffers, 136 Ariz. 404, 661 P.2d 1105, 1129 (1983) (emphasis added). As this quotation demonstrates, the court announced that its discussion was restricted to the facts upon which the trial court relied in handing down its special verdict. It did not purport to consider whether evidence that the trial court rejected as insufficient to constitute a statutory mitigating factor could nevertheless be considered mitigating as a nonstatutory mitigating factor, under a less demanding standard than those prescribed for the five specific mitigating circumstances enumerated in the statute.
Our reading of the Arizona Supreme Court’s opinion reveals that, indeed, the court did no more than review the sentencing court’s findings and affirm its judgment that the evidence failed to meet the standards of two statutory mitigating circumstances. Once the Arizona Supreme Court agreed, for example, that Jeffers’s heroin and alcohol use did not amount to a “significant impairment” of his ability to conform his conduct to the law, the inquiry appears to have ended. Like the trial court, the Arizona Supreme Court did not go on, as Smith requires, to consider whether the evidence might nevertheless be mitigating, especially in combination with other potentially mitigating evidence that fell short of the standard of a statutory mitigating circumstance. Thus, neither of the Arizona courts discussed the evidence of duress, provocation, intoxication, and heroin addiction as nonstat-utory mitigating circumstances. Nor did the Arizona Supreme Court independently evaluate the sodium amytal evidence as a mitigating factor.
2
The Arizona Attorney General also argued that the Supreme Court’s decision in Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989), precludes us from relying on Smith in this case. Under the doctrine of Teague v. Lane, a federal court cannot apply a “new rule of law” on collateral review of a state criminal case. A rule of law is not considered new, however, if it was dictated by precedent existing at the time the defendant’s conviction, or in this case the defendant’s sentence, became final. Id. at 301, 109 S.Ct. at 1070. Because Smith was dictated by prior precedent, we do not believe that Teague precludes us from relying on it in this case.4
In Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. 2954, 57 L.Ed.2d 973 (1978), the Court announced the principle that defendants in *1081capital sentencing proceedings cannot be precluded from offering any relevant mitigating evidence relating to their background, character, or individual record. Smith is dictated by the precedent set in Lockett. The court in Smith quoted from the decision in Eddings v. Oklahoma, 455 U.S. 104, 102 S.Ct. 869, 71 L.Ed.2d 1 (1982), another decision that was dictated by the precedent of Lockett. The decision in Smith merely applied the teachings of Lockett and Eddings to a particular type of case which, the Arizona Attorney General conceded, fits the facts of Jeffers’s case. Thus, Smith determined that after a sen-tencer concludes that certain mitigating evidence is not substantial enough to fit the standard of a specific mitigating factor, it must nevertheless be considered, in combination with other mitigating evidence as a mitigating factor of lesser magnitude. That rule of law was not new at the time Jeffers was sentenced. See Stringer v. Black, — U.S. -, -, 112 S.Ct. 1130, 1136-40, 117 L.Ed.2d 367 (1992) (Maynard v. Cartwright, 486 U.S. 356, 108 S.Ct. 1853, 100 L.Ed.2d 372 (1988), and Clemons v. Mississippi, 494 U.S. 738, 110 S.Ct. 1441, 108 L.Ed.2d 725 (1990), do not constitute new rules under Teague, in light of precedent in existence at the time defendant’s death sentence was pronounced.)
Ill
Even if the sentencing court had considered adequately the nonstatutory mitigating evidence, the sentence of death in this particular case could not stand. We conclude that once the Arizona Supreme Court invalidated one aggravating circumstance and modified another, it was required either to vacate Jeffers’s sentence of death and remand for resentencing or affirm the sentence of death only after conducting certain further analysis itself. In Clemons v. Mississippi, the Supreme Court explained two analytical methods by which a state appellate court in such a situation might be able to affirm a sen-fence of death. First, it might engage in some form of harmless error analysis. Clemons, 494 U.S. at 752-53, 110 S.Ct. at 1450-51. Second, it might carefully reweigh the mitigating evidence against the remaining valid aggravating factors and conclude that the balance still required a sentence of death. Clemons, 494 U.S. at 748-49, 110 S.Ct. at 1448-49. Because we cannot conclude that the Arizona Supreme Court conducted either of these analyses, however, the sentence of death cannot stand. Further proceedings in the Arizona courts are required.
A
The Supreme Court has noted that aggravating circumstances differ from state to state in the role they play in the statutory procedures controlling the capital sentencing decision. See Clemons, 494 U.S. at 744-45, 110 S.Ct. at 1446-47. A “weighing” state is one in which the ultimate sentencing decision turns on weighing the statutory aggravating factors against the mitigating evidence. When a state appellate court in a “weighing” state determines that a sentence of death is based in part on an invalid aggravating factor, the sentence of death cannot be affirmed automatically. There must be further proceedings or analysis. See Clemons, 494 U.S. at 751-52, 110 S.Ct. at 1449-50.5
As the Arizona Attorney General acknowledged at oral argument in this case, Arizona is such a “weighing” state. The Arizona statute calls for the sentencing judge to make findings on the existence of aggravating circumstances and the existence or nonexistence of mitigating factors. If there are any aggravating circumstances, the final step in the sentencing process calls for the judge to perform a balancing test and impose a sentence of death only if there are “no mitigating circumstances sufficiently substantial to call for leniency.” Ariz.Rev.Stat. § 13-703(E).
*1082Numerous cases of the Arizona Supreme Court explain that the sentencer determines whether mitigating evidence is “sufficiently substantial” by weighing it against aggravating circumstances:
[T]he trial court acts first as the fact finder. It must consider whether the state has proven, any of the aggravating factors.... It must also determine whether the defendant has shown mitigating circumstances.... After the trial court has made these findings of fact, it then engages in a balancing test in which it determines whether the mitigating factors are sufficiently substantial to call for leniency.
State v. Leslie, 147 Ariz. 38, 708 P.2d 719, 730 (1985). The meaning of the phrase “sufficiently substantial to call for leniency” is derived by weighing aggravating and mitigating evidence.6 Thus, although the Arizona statute does not use the word weigh, it instructs the sentencer to arrive at its decision by weighing the aggravating circumstances against the mitigating circumstances.7
B
Even in a weighing state, invalidation of one of several aggravating factors may make no difference if there were no mitigating circumstances to enter into the original balancing. This is not a case, however, in which there was nothing in mitigation to balance against the aggravating factors.
As we pointed out in Part II, there was evidence of nonstatutory mitigating factors. Because there was some mitigating evidence, even if it originally was not sufficiently substantial to call for leniency in view of the weight of the aggravating factors, then the removal of an invalid aggravating factor can change the balance. See Parker v. Dugger, - U.S. -, -, 111 S.Ct. 731, 740, 112 L.Ed.2d 812 (1991). Someone must reweigh.8
*1083C
After closely reading the opinion of the Arizona Supreme Court, we cannot conclude that it actually undertook the process, described in Clemons, of carefully reweighing the one remaining valid aggravating factor against the mitigating evidence.
The court’s only reference to weighing process is conclusory:
We have carefully reviewed the record as required to determine whether the factors in mitigation outweigh the aggravating circumstances, and we find they do not.
661 P.2d at 1132-33 (citation omitted). The only other suggestion of an independent weighing is the found in the closing sentence of the opinion:
In our independent determination we found one aggravating factor — that the offense was committed in an especially heinous and depraved manner — and no mitigating factors sufficiently substantial to call for leniency.
661 P.2d at 1133.
These two conclusory sentences do not suggest that the Arizona Supreme Court conducted, or believed it was conducting, the “careful appellate reweighing,” 494 U.S. at 748, 110 S.Ct. at 1448, discussed in Clemons. The Clemons opinion strongly suggests that acceptable appellate reweighing would require more discussion of the mitigating evidence than can be found in the decision of the Arizona Supreme Court:
[BJecause the Mississippi Supreme Court’s opinion is virtually silent with respect to the particulars of the allegedly mitigating evidence presented by Clemons to the jury, we cannot be sure that the court fully heeded our cases emphasizing the importance of the sentencer’s consideration of a defendant’s mitigating evidence.
494 U.S. at 752, 110 S.Ct. at 1450. Similarly, the Arizona Supreme Court did not discuss any of the mitigating evidence in the context of an appellate reweighing.9
Appellate reweighing, according to the Clemons opinion, cannot deprive defendants of “the individualized treatment that would result from actual reweighing of the mix of mitigating factors and aggravating circumstances.” Clemons, 494 U.S. at 752, 110 S.Ct. at 1450. By stating that the aggravating circumstances outweighed the mitigating circumstances, the Arizona Supreme Court appeared to acknowledge that there were some mitigating circumstances. Yet without any specific discussion of those mitigating circumstances in the only two sentences of the opinion that arguably report that a weighing occurred at the appellate level, we cannot determine that the Arizona Supreme Court conducted an “actual reweighing of the mix of mitigating factors and aggravating circumstances.” Clemons, 494 U.S. at 752, 110 S.Ct. at 1450 (emphasis added).
We therefore conclude that when the Arizona Supreme Court invalidated one of the aggravating factors upon which the trial court based the sentence of death, Jeffers’s sentence could not stand without a new sentencing hearing or, at a minimum, a reweighing of the mitigating evidence *1084against the remaining aggravating factor. Because the record does not show that the Arizona Supreme Court conducted a constitutionally adequate reweighing, the sentence of death cannot stand.10
D
A state appellate court that finds an invalid aggravating factor may, in certain cases, affirm the sentence of death after determining that the error was harmless. Clemons, 494 U.S. at 752, 110 S.Ct. at 1450. In this case, there is simply no indication that the Arizona Supreme Court affirmed the sentence on the basis of harmless error analysis. Indeed, the words “harmless error” do not appear in the Arizona Supreme Court’s discussion of Jeffers’s sentence. Cf. Sochor, — U.S. at -, 112 S.Ct. at 2122 (describing ambiguities in Florida Supreme Court’s discussion of Sochor’s sentence which prevented conclusion that the state supreme court had conducted a harmless error analysis).
Once the Arizona Supreme Court concluded that the sentence of death was based in part on an invalid aggravating factor, it could affirm that sentence only by conducting a harmless error analysis or by reweighing the remaining aggravating factor against the mitigating evidence. The opinion of the Arizona Supreme Court does not clearly demonstrate that either analysis was undertaken. Therefore, the sentence of death cannot stand. Clemons, 494 U.S. at 751-54, 110 S.Ct. at 1499-51.11
IV
The transcripts of the testimony of Jef-fers’s sentencing hearing are now more than eleven years old. Our cases suggest that before Arizona resentences Jeffers, he should have the benefit of a new sentencing hearing. See Creech v. Arave, 947 F.2d 873, 882 (9th Cir.1991) (as amended), cert. granted, — U.S. -, 112 S.Ct. 2963, 119 L.Ed.2d 585 (1992); Beam v. Paskett, 966 F.2d at 1574. The Arizona Supreme Court has also suggested that such a resen-tencing decision should be based on the freshest testimony possible: “When a defendant is to be resentenced in death cases, evidence and testimony should be as fresh as possible, and ... relying on a previous hearing on mitigation and aggravation conducted months before the imposition of the death penalty is not recommended.” State v. Rossi, 146 Ariz. 359, 706 P.2d 371, 381 n. 2 (1985). We realize, however, that the Constitution does not always require a new sentencing hearing, see Parker v. Dugger, — U.S. -, -, 111 S.Ct. 731, 740, 112 L.Ed.2d 812 (1991), and it is up to the State of Arizona to determine how it wishes to proceed.
The Supreme Court has noted that in some cases, a state appellate court can conduct its own review of the record and conduct a careful appellate reweighing of the aggravating and mitigating circumstances. If this case were returned to the Arizona Supreme Court in the first instance, however, more than an appellate reweighing would be necessary. As we noted in part II, neither the special verdict *1085of the trial court nor the opinion of the state supreme court reveals that certain mitigating evidence was considered adequately. For example, no Arizona court has yet considered whether alcohol and heroin intoxication impaired Jeffers enough to constitute a nonstatutory mitigating factor even though it did not impair him enough to meet the standard of the statutory mitigating factor of Ariz.Rev.Stat. § 13-703(G)(1). There has been no finding on the degree of Jeffers’s mental impairment at the time of the crime, a finding that an appellate court would not ordinarily make on the basis of a cold record. As the Supreme Court noted in Clemons, “appellate courts may face certain difficulties in determining sentencing questions in the first instance.” 494 U.S. at 754, 110 S.Ct. at 1451. In the ordinary case, the Supreme Court envisions that the evaluation of mitigating evidence “would occur among sen-tencers who were present to hear the evidence and arguments and see the witnesses.” See Caldwell v. Mississippi, 472 U.S. 320, 331, 105 S.Ct. 2633, 2640, 86 L.Ed.2d 231 (1985).
We also note that the Arizona Supreme Court’s option to review the record and reweigh on its own, without remanding, can be constrained by its prior decisions to remand for resentencing in similar cases. See Clemons v. Mississippi, 494 U.S. at 754-55 n. 5, 110 S.Ct. at 1451 n. 5. In State v. Lopez, 163 Ariz. 108, 786 P.2d 959 (1990), the trial court sentenced the defendant to death after finding two aggravating factors and purporting to find no mitigating factors. After concluding that one of the two aggravating factors was invalid, the Arizona Supreme Court remanded to the trial court for resentencing. Id., 786 P.2d at 967. The Arizona Supreme Court recently followed Lopez in a similar case. See State v. Schaaf, 169 Ariz. 323, 819 P.2d 909 (1991). After finding that one of two aggravating factors was invalid, the court held that it was required to remand for resentencing instead of conducting an appellate reweighing. Id. 819 P.2d at 920-21.
If the Arizona Supreme Court determined in Jeffers’s case that reweighing was preferable to remanding, we assume that it would provide an explanation sufficient to overcome any objections that declining to remand was unconstitutionally arbitrary. See Clemons, 494 U.S. at 754-55 n. 5, 110 S.Ct. at 1451 n. 5; Myers v. Ylst, 897 F.2d 417, 421 (9th Cir.), cert. denied, — U.S. -, 111 S.Ct. 212, 112 L.Ed.2d 172 (1990); Johnson v. Arizona, 462 F.2d 1352, 1354 (9th Cir.1972).12
REVERSED and REMANDED.
. We recognize that the Arizona Supreme Court has said that when intoxication does not reach the level of significant impairment, "[t]he fact that a defendant was to some degree intoxicated is not, by itself, a mitigating circumstance." State v. Woratzeck, 134 Ariz. 452, 657 P.2d 865, 871 (1982); accord State v. Lopez, 163 Ariz. 108, 786 P.2d 959, 965 (1990). The state, however, cannot escape the constitutionally-based requirement of Smith v. McCormick merely by declaring that certain nonstatutory mitigating evidence is not mitigating. See Lockett v. Ohio, 438 U.S. 586, 604, 98 S.Ct. 2954, 2964-65, 57 L.Ed.2d 973 (1978) ("the Eighth and Fourteenth *1079Amendments require that the sentencer ... not be precluded from considering, as a mitigating factor, ... any of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death.") (emphasis added).
. For example, Jeffers’s intoxication may have magnified the impact on him of his stormy love-hate relationship with the victim that culminated in her decision to inform on Jeffers to the police.
. Represented at oral argument by his Chief Counsel, Criminal Appeals Division.
. Even if it were true that the petitioner in Smith obtained the benefit of a new rule of law, we are bound to apply it in Jeffers’s case. See Beam v. Paskett, 966 F.2d 1563, 1570 n. 5 (9th Cir.1992).
. "An automatic rule of affirmance in a weighing State would be invalid under Lockett v. Ohio and Eddings v. Oklahoma, for it would not give defendants the individualized treatment that would result from actual reweighing of the mix of mitigating factors and aggravating circumstances.” Clemons, 494 U.S. at 752, 110 S.Ct. at 1450 (citations omitted).
. See also State v. Rossi, 146 Ariz. 359, 706 P.2d 371, 379 (1985) ("Once the trial judge finds that defendant’s capacity was significantly impaired ... a mitigating factor arises which is then weighed against any aggravating circumstances that the trial judge may find to determine whether mitigating factors are sufficiently substantial to call for leniency"); State v. Harding, 137 Ariz. 278, 670 P.2d 383, 397 (1983) ("We have described the formula of ‘sufficiently substantial to call for leniency’ as involving the weighing of aggravating against mitigating circumstances on the basis of the gravity of each circumstance.”), cert. denied, 465 U.S. 1013, 104 S.Ct. 1017, 79 L.Ed.2d 246 (1984); State v. Gretzler, 135 Ariz. 42, 659 P.2d 1, 13 (determining whether mitigating circumstances are sufficiently substantial involves weighing and balancing of aggravating and mitigating circumstances that are present), cert. denied, 461 U.S. 971, 103 S.Ct. 2444, 77 L.Ed.2d 1327 (1983).
. We recognize that this court has previously expressed the view that Arizona is not a "weighing state.” See Richmond v. Lewis, 948 F.2d 1473 (9th Cir.1991) (as amended), cert. granted, — U.S. -, 112 S.Ct. 1557, 118 L.Ed.2d 206 (1992). In this particular case, there are two reasons why we are not bound by the interpretation of Arizona law stated in Richmond. First, the Arizona Attorney General acknowledged that Arizona is in fact a "weighing" state. Second, even after the decision in Richmond, the Arizona Supreme Court reaffirmed that an Arizona capital sentencer determines whether mitigating circumstances are substantial enough to call for leniency by weighing them against the aggravating factors. See State v. Lavers, 168 Ariz. 376, 814 P.2d 333, 348 (1991); State v. White, 168 Ariz. 500, 815 P.2d 869, 881 (1991). In matters of Arizona law, the Arizona Supreme Court is the controlling authority, and any decision of that court takes precedence over any earlier federal court's contrary view of Arizona law.
.Our ruling does not, as the dissént suggests, interfere with a state's option to reject unpersuasive evidence. The defendant in this case clearly satisfied the Arizona statutory requirement of proving facts in mitigation by a preponderance of the evidence. For example, the sentencing court found that the defendant "was an addict and was both drinking and using narcotics on the date of the offense." Similarly, the court found that the defendant "may have had reason to be provoked and was under some stress.” The Constitution requires that the sentencer be permitted to give some effect to these adequately-proved mitigating facts, even if they do not establish impairment or duress severe enough to satisfy a statutory mitigating circumstance. Moreover, the opinion of the Arizona Supreme Court acknowledged the presence of mitigating evidence in the balance struck by the sentencing court. In discussing Jeffers’s contentions regarding the sodium amytal evidence, the Arizona Supreme Court stated that the trial judge "found no mitigating factors sufficiently substantial to call for leniency.” 661 P.2d at 1132. Thus, instead of stating that the trial court found “no” mitigating factors, the Arizona Supreme Court recognized that there was evidence of mitigation that the trial court did not find *1083sufficiently substantial to call for leniency in view of the aggravating factors. Cf. Parker v. Dugger, - U.S. -, -, 111 S.Ct. 731, 738, 112 L.Ed.2d 812 (1991) (discussing significance of a court's finding of "no mitigating circumstances that outweigh the aggravating circumstances”). Finally, even in a case where the sentencing court fails to find the existence of mitigating factors, reliance on an invalid aggravating factor nevertheless requires the state supreme court to either undertake an express harmless error analysis, reweigh, or remand for resentencing. Sochor v. Florida, - U.S. -, -, 112 S.Ct. 2114, 2122, 119 L.Ed.2d 326 (1992).
. In another section of the opinion, the Arizona Supreme Court did review the evidence of Jef-fers’s intoxication, heroin addiction, and his love-hate relationship with the victim. But in that section, the Arizona Supreme Court merely affirmed the trial court's finding that the evidence did not satisfy the standard of two statutory mitigating factors. The opinion did not discuss the relevance of that evidence to establish nonstatutory mitigating circumstances. Thus, although the court discussed the evidence in one section of its opinion, we cannot conclude that the Arizona Supreme Court regarded it as mitigating evidence when it conducted what it described as an independent weighing of aggravating and mitigating circumstances.
. The propositions of law that we derive from Clemons were dictated by the ruling in Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. 2954, 57 L.Ed.2d 973 (1978), which had been already decided when Jeffers was sentenced in 1980. See Clemons, 494 U.S. at 751-52, 110 S.Ct. at 1449-50. The law the Supreme Court applied in Parker, a habeas case, also derives from Lockett. By applying principles that were dictated by precedent existing at the time of Jeffers’s sentence, our decision conforms to the principles laid out in Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989). See Stringer v. Black, — U.S. at -, 112 S.Ct. at 1140.
. The dissent argues that we must deem the sentencing court’s reliance on an invalid aggravating factor to be harmless error because it also found that there were no mitigating factors. We disagree. First, as we noted in part II, there was mitigating evidence to consider upon reweighing. Second, the Supreme Court’s decision in Sochor v. Florida, — U.S. -, 112 S.Ct. 2114, also requires us to reject the dissent's argument. In Sochor, the sentencer in a weighing state relied on an invalid aggravating factor. The state supreme court affirmed the sentence of death without reweighing and without conducting an express harmless error analysis. Sochor, at -, 112 S.Ct. at -. Despite the fact that the sentencer had expressly found that there were no mitigating factors, the Supreme Court vacated and remanded, as required by Clemons, for resentencing, reweighing, or harmless error analysis. Id.
. In light of our disposition, we have no need to reach the other claims made by Jeffers.