Helsley v. State

RUCKER, J.,

concurring in part.

Exeept for that portion expressing the view that the weight to be given aggrava-tors and mitigators is not subject to a reasonable doubt standard, I fully concur with Justice Boehm's separate opinion. I continue to believe that before capital punishment can be imposed a jury must be convinced beyond a reasonable doubt that the aggravating cireumstances outweigh the mitigating cireumstances. See Ritchie v. State, 809 N.E.2d 258, No. 49800-0011-DP-638 (Ind. May 25, 2004) (Rucker, J., dissenting in part).