Michael Anthony Taylor pleaded guilty to the 1989 kidnapping, rape, and murder of a young girl. He twice was sentenced to death for the murder.1 After multiple unsuccessful attempts to have his sentence overturned, he now seeks a writ of habeas corpus, arguing that his death sentence should be vacated. He contends that his death sentence was imposed unlawfully by a judge, rather than by a jury, and he asserts that his sentence violates his constitutional rights.
This Court finds that habeas relief is not warranted and refuses to vacate Taylor’s death sentence.2
I. Background
Ann Harrison was 15 years old when she died of stab wounds in the trunk of a car in 1989. In 1991, Taylor admitted under oath to kidnapping Ann from her bus stop, raping her, and stabbing her repeatedly with a kitchen knife.3 He pleaded guilty to *637first-degree murder, armed criminal action, kidnapping, and forcible rape. During plea proceedings, he testified that he did not receive or expect a plea bargain and understood that the State would seek the death penalty against him for Ann’s murder.
Taylor sought to be sentenced by the trial judge, rather than by a jury, because he believed that the trial judge was less likely to sentence him to death. But the judge, Judge Randall, sentenced Taylor to death after finding that the statutory factors necessary for that sentence had been established.
Taylor challenged his sentence in a Rule 24.035 post-conviction motion alleging that the judge was under the influence of alcohol during the sentencing proceedings. A special judge, Judge Dierker, was assigned to decide Taylor’s post-conviction motion. Judge Dierker denied Taylor post-conviction relief after a hearing, issuing lengthy findings in 1992 that discussed the propriety of Taylor’s plea and sentences.
Taylor appealed to this Court. In a summary order in 1993, this Court vacated his sentences and remanded his case for a “new penalty hearing, imposition of sentence, and entry of judgment.” State v. Taylor, SC74220, Order (June 29, 1993); see also State v. Taylor, 929 S.W.2d 209, 215 (Mo. banc 1996) {Taylor I) (explaining the procedural history of Taylor’s case).
On remand, Taylor’s case was assigned to a new judge, Judge Coburn. Taylor filed a Rule 29.07(d) motion to withdraw his guilty plea. Taylor I, 929 S.W.2d at 215. Included in his arguments was that he had consented only to be sentenced by Judge Randall, not the new judge. Id. at 215-16. He was not permitted to withdraw his guilty plea, nor was he given permission to be sentenced by a jury rather than the new judge. Id. at 215. His 1991 plea and jury waiver remained in full force on remand. See id. at 215-16 (“Although it is preferable if the judge to whom a plea is made sentences the defendant, sentencing by a different judge if the original judge proves unavailable for sentencing does not create manifest injustice ... [where] the sentencing judge has the familiarity with the prior proceedings to make an informed ruling on sentencing.”).
Five days of sentencing hearings were held in 1994. Id. at 215. The state presented evidence of Ann’s kidnapping, rape, and murder as well as evidence showing an escape by Taylor. Taylor presented mitigation evidence through 13 witnesses. See id. at 224. Ultimately, Judge Coburn found beyond a reasonable doubt six statutory aggravating circumstances and three non-statutory aggravating circumstances in support of the death penalty, and he found only one mitigating circumstance. Id. at 215, 222. Judge Coburn imposed the death sentence after concluding that the mitigating circumstance did not outweigh the aggravating circumstances.4 Id. at 215.
Taylor sought Rule 24.035 post-conviction relief from the judgment entered after remand. A two-day hearing was held on this motion in front of Judge Messina. The scope of this Rule 24.035 hearing related “not [to Taylor’s] previous plea, but rather the second sentencing procedure.” Judge Messina overruled Taylor’s post-conviction motion.
Taylor again appealed to this Court. His appeal sought mandatory proportionality review under section 565.035.5, RSMo 1994, and review of the decisions overruling his motion to withdraw his plea and his *638post-conviction motion. Taylor I addressed collectively the propriety of Taylor’s death sentence imposed on remand and the denial of his subsequent post-conviction motion.
Taylor I established that Taylor was sufficiently “informed of the consequences of his plea” in 1991 and that he “understood the consequences and voluntarily entered [his] plea.” Id. at 216. Taylor I also established that there was no error in the refusal to allow him to later withdraw his plea after his case was remanded.5 Id. at 215-18. Taylor I concluded that there were no reversible errors in his case and affirmed his death sentence. Taylor I became final when the mandate in the case issued on September 17, 1996. At that time, Taylor’s execution was set for January 3, 1997, but that execution date was stayed when he sought relief in the federal courts. A later execution date scheduled for February 2006 also was halted by ongoing litigation.
Taylor has filed numerous unsuccessful requests for relief in his case. A request for habeas corpus relief from the federal courts was denied in Taylor v. Bowersox, 329 F.3d 963, 968-69 (8th Cir.2003) (finding that Taylor’s guilty plea remained valid after this Court’s remand in Taylor I because he had no substantial and legitimate expectation of being sentenced by the judge who received his plea in 1991, nor did he have a right to be sentenced by the same judge after remand). Taylor also unsuccessfully twice moved this Court to withdraw the mandate in his case, and he has failed to gain relief in other post-conviction and habeas corpus proceedings. See Taylor v. State, 254 S.W.3d 856 (Mo. banc 2008).
Now, 20 years after Taylor admitted to kidnapping, raping, and murdering Ann, he is again before this Court seeking relief from his death sentence.
II. Taylor’s Arguments for Habeas Relief
Taylor claims that he is entitled to habe-as relief reducing his death sentence to life imprisonment for two reasons.
First, he maintains that habeas relief should issue because, after this Court affirmed his death sentence in Taylor I, subsequent case law indicated that a death sentence could not be imposed by a judge, rather than by a jury. He highlights that the United States Supreme Court in Ring v. Arizona, 536 U.S. 584, 589, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002), provided that the jury must find any facts that are not admitted by a defendant and that are necessary for imposition of the death penalty.6 He also notes that State v. Whitfield, 107 S.W.3d 253, 256 (Mo. banc 2003), applied Ring to vacate a judge-imposed death sentence that had been affirmed before Ring.
Taylor argues that the holdings in Ring, Whitfield, and their progeny apply retroactively to his case and demonstrate that he is entitled to Sixth Amendment jury sentencing. He contends that he never waived his Sixth Amendment right to jury sentencing when he pleaded guilty and waived jury sentencing in 1991.
*639Second, he argues that he is entitled to habeas relief because his death sentence violates equal protection and due process because similarly situated defendants have been sentenced to life imprisonment rather than sentenced to death.
III. Standards for Review
“Habeas corpus is the last judicial inquiry into the validity of a criminal conviction and serves as ‘a bulwark against convictions that violate fundamental fairness.’ ” Amrine v. Roper, 102 S.W.3d 541, 545 (Mo. banc 2003) (quoting Engle v. Isaac, 456 U.S. 107, 126, 102 S.Ct. 1558, 71 L.Ed.2d 783 (1982)). Habeas proceedings, authorized under Rule 91, are limited to determining the facial validity of a petitioner’s confinement. State ex rel. Simmons v. White, 866 S.W.2d 443, 445 (Mo. banc 1993). “[A] writ of habeas corpus may be issued when a person is restrained of his or her liberty in violation of the constitution or laws of the state or federal government.” Amrine, 102 S.W.3d at 545.
Because habeas review guards against unauthorized sentences, this Court considers Taylor’s habeas claims asserting that his death sentence exceeds the sentence that is legally authorized. See State ex rel. Zinna v. Steele, 301 S.W.3d 510, 516-17 (Mo. banc 2010) (providing that a claim that the sentence exceeded what was permitted by law is a claim cognizable in a habeas proceedings even if the argument was raised, or should have been raised, in an earlier proceeding). But Taylor, as the habeas corpus petitioner, has the burden of proof to show that he is entitled to relief. State ex rel. Nixon v. Jaynes, 73 S.W.3d 623, 624 (Mo. banc 2002).
IY. Case Law Subsequent To Taylor I
A. Apprendi & Ring
In Apprendi v. New Jersey, the United States Supreme Court held that the Sixth Amendment does not permit a defendant to be “expose[d] ... to a penalty exceeding the maximum he would receive if punished according to the facts reflected in the jury verdict alone.” 530 U.S. 466, 483, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Under Apprendi, “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.” Id. at 490, 120 S.Ct. 2348.
In Ring, the court extended its holding in Apprendi to provide that the Sixth Amendment affords a capital murder defendant the right to have a jury find the aggravating factors relevant to the imposition of the death penalty. Ring, 536 U.S. at 609, 122 S.Ct. 2428. Ring stated: “Capital defendants, no less than noncapital defendants, ... are entitled to a jury determination of any fact on which the legislature conditions an increase in their maximum punishment.” Id. at 589, 122 S.Ct. 2428.
B. Whitfield
In 2003, in Whitfield, this Court applied Ring retroactively7 and set aside a defendant’s death sentence that had been previously affirmed on appeal before Ring was decided. Whitfield held that, under Ring, the defendant was entitled to have a jury make the “factual determinations on which his eligibility for the death sentence was predicated.” Whitfield, 107 S.W.3d at 256.
*640In Whitfield, the judge had determined the factual issues necessary for imposition of the death penalty after the jury had found the defendant guilty of first-degree murder but then was unable to reach a verdict in the punishment phase of his trial. Id. at 261. Whitfield found that the defendant’s Sixth Amendment rights to jury sentencing as outlined in Ring were violated when, after the jury deadlocked, the judge found the essential facts under section 565.030.4, RSMo 1994, that were necessary to impose the death sentence. Id. at 261-62.
Whitfield observed that the burden was on the State to show that the Ring error was harmless, and it concluded that the State could not show the error was harmless because it was unknown, based on the jury deadlock, at what phase the jury reached an impasse when making the required statutory determinations for imposing a death sentence. Id. at 262-64.8 Accordingly, the defendant in Whitfield, had his death sentence reduced to a sentence of life imprisonment because his death sentence had been unconstitutionally imposed when it was based on determinations not made by a jury. Id. at 271-72.
C. Blakely
Subsequent to this Court’s holding in Whitfield, the United States Supreme Court extended the reach of Ring by declaring in Blakely v. Washington, 542 U.S. 296, 305-06, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), that the Sixth Amendment right to jury sentencing applies even where a defendant pleads guilty.
In Blakely, the defendant pleaded guilty to kidnapping, and “[t]he facts admitted in his plea, standing alone, supported a maximum sentence of 53 months” under Washington state law. 542 U.S. at 298, 124 S.Ct. 2531. The state recommended a sentence within the standard range of 49 to 53 months. Id. at 300, 124 S.Ct. 2531. But the defendant was surprised when the judge enhanced his sentence beyond the state’s recommendation based on the judge’s determinations that the defendant had acted with “deliberate cruelty” toward the victim.9 See id. at 300, 124 S.Ct. 2531. The judge “imposed [on the defendant] an ‘exceptional’ sentence of 90 months.” Id. at 298, 124 S.Ct. 2531. The defendant appealed, contending that “the sentencing procedure deprived him of his federal constitutional right to have a jury determine beyond a reasonable doubt all facts legally essential to his sentence.” Id. at 301, 124 S.Ct. 2531.
Blakely concluded that the judge’s imposition of the exceptional sentence based on his finding of “deliberate cruelty” violated the defendant’s Sixth Amendment rights. Id. at 303-06, 124 S.Ct. 2531. Blakely noted that “[t]he facts supporting [the court’s finding of deliberate cruelty] were neither admitted by [the defendant] nor found by a jury.” Id. at 303. Blakely made clear that “every defendant has the nglit to insist that the prosecutor prove to a jury all facts legally essential to the punishment.” Id. at 313, 124 S.Ct. 2531.
*641Blakely also outlined, however, that “nothing prevents a defendant from waiving his Apprendi rights.” 542 U.S. at 310, 124 S.Ct. 2531. According to Blakely, “[w]hen a defendant pleads guilty, the State is free to seek judicial sentence enhancements so long as the defendant either stipulates to the relevant facts or consents to judicial factfinding.” Id. Blakely states:
If appropriate waivers are procured, States may continue to offer judicial factfinding as a matter of course to all defendants who plead guilty. Even a defendant who stands trial may consent to judicial factfinding as to sentence enhancements, which may well be in his interest if relevant evidence would prejudice him at trial. We do not understand how Apprendi can possibly work to the detriment of those who are free, if they think its costs outweigh its benefits, to render it inapplicable.
Id.
Y. Taylor Is Not Entitled To Sixth Amendment Jury Sentencing
A. Taylor Waived Jury Sentencing
Pursuant to Blakely, whether Taylor waived his rights to Sixth Amendment jury sentencing is an important consideration in determining if his judge-imposed death sentence is authorized. Considering the facts of Taylor’s case, his 1991 decision to plead guilty and be sentenced by a judge, rather than by a jury, precludes his ability now to claim the Sixth Amendment entitles him to jury sentencing.
Taylor I established that Taylor’s 1991 guilty plea and jury waiver was not invalidated after this Court remanded his case for a new sentencing hearing. See 929 S.W.2d at 215-18 (approving of the refusal to allow Taylor to withdraw his plea and undergo jury sentencing after his case was remanded). Accordingly, what Taylor knew, intended, and understood in 1991 when he entered his guilty plea is paramount to determining whether he waived his rights to jury sentencing.
The record in Taylor’s case shows that, when Taylor entered his plea in 1991, he understood that a consequence of his plea was that he would not have his guilt or sentence determined by a jury.10 The record demonstrates his understanding that his guilty plea would lead to him being sentenced by a judge, whereas a not-guilty plea would lead to him being sentenced by a jury. Moreover, the record makes clear that he knew that the judge would be considering the State’s recommendation of the death penalty. The following testimony illuminates that Taylor willingly declined a jury’s involvement in his sentencing:
From the plea hearing transcript at pages 8-9 (emphasis added):
Q. Do you also understand that if you plead guilty it will be up to the judge to decide the sentence on all charges?
A. Yes.
Q. And as the maximum that you can get on all of these charges, do you understand that the Judge can give you the death sentence ?
A. Yes.
From the plea hearing transcript at pages 9-10:
Q. If you plead not guilty, do you understand that you have a right to go to trial?
A. Yes.
*642Q. And if you plead not guilty, there would be a trial.
A. Yes.
Q. Do you understand that the trial would be in front of a jury of twelve people?
A. Yes, I do.
Q. And the twelve people would have to be unanimous in their verdict?
A. Yes.
Q. In other words, all twelve would have to agree.
A. Yes.
Q. The twelve people would have to be convinced beyond a reasonable doubt by the state that you’re guilty.
A. Yes.
Q. And that would be on each charge, all four counts; do you understand that?
A. Yes. I do.
From the plea hearing transcript at page 13 (emphasis added):
Q. Michael, do you understand that if you plead guilty there won’t be a trial?
A. Yes, I do.
Q. And you, in essence, would be giving up those rights. Do you understand that?
A. Yes, I do.
Q. Sometimes we use the word waive. If you plead guilty, you are waiving the right to a trial by a jury.
A. Yes, I understand.
Q. The right to a trial.
A. Yes, I understand.
From the plea hearing transcript at pages 19-21 (emphasis added):
Q. Has anyone made any promises to you about how this is going to turn out if you plead guilty?
A. No, they haven’t.
Q. You know that if you plead guilty the state is going to ask for a death sentence and the Judge could impose death.
A. Yes, I do.
Q. Now, if you plead guilty, do you understand that all that would be left for the Court to do would be to sentence you?
A. Yes.
[[Image here]]
Q. ... [D]o you understand, Michael, that there would still be a sentencing hearing where the state will be presenting evidence, and we, on your behalf[,] will be presenting evidence to the Judge as to what sentence to propose on the murder charge ?
A. Yes.
Q. And actually the Judge can entertain evidence on all of the charges.
A. I understand.
From the plea hearing transcript at page 28 (emphasis added):
Q. And do you understand that there will be a sentencing proceeding yet to occur in front of the Judge?
A. Yes, I do.
From the plea hearing transcript at pages 3⅛-36 (emphasis added):
Q. Do you understand that ... you might be entitled to two trials, that is, one trial where the jury would decide murder in the first degree and then punishment if they found you guilty of murder in the first degree.... Do you understand that?
A. Yes.
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Q. No one has guaranteed you what sentence you’re going to receive?
A. No.
Q. No promises have been made to you as to what sentence you’re going to receive.
A. No, they haven’t.
*643Q. Has anyone told you what sentence you’re likely to receive?
A. No, they haven’t.
Q. What sentence do you think you’re going to receive as to Count I, murder in the first degree?
A. What sentence do I think?
Q. Yes.
A. I don’t know.
Q. Do you understand that the Judge might very well sentence you to the death penalty in this case ?
A. Yes, I do.
Q. Do you know that by pleading guilty here today that instead of twelve people deciding, there will only be one person deciding, this Judge; do you understand that?
A. Yes, I do.
Q. As to the other counts, the Judge could sentence you to the minimum, or he may very well sentence you to the maximum on each of the other counts charged; do you understand that?
A. Yes.
From the plea hearing transcript at pages (emphasis added):
Q. Have your attorneys gone over with you the different stages that occur at a murder in the first degree trial?
A. Yes.
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Q. Now, the second phase would be a separate trial in front of the same jury, if they do find you guilty of murder in the first degree. Do you understand that?
A. Yes, I do.
Q. It would be like a trial. There would be opening statements. The state would present evidence, and you could present evidence. Do you understand that?
A. Yes, I do.
Q. You would have a right to confront the witnesses, to subpoena witnesses, to subpoena witnesses in. Do you understand that?
A. Yes.
Q. The court would then instruct the jury, the attorneys would argue, and then they would deliberate, the jury would deliberate. Do you understand that?
A. Yes.
Q. During their deliberations, all twelve jurors must find, beyond a reasonable doubt, at least one aggravating circumstance. Do you understand that?
A. Yes.
Q. And if they don’t find at least one aggravating circumstance, then they must sentence you to life without parole. Do you understand that?
A. Yes.
Q. Now, the state has filed notice of nine aggravating circumstances, statutory aggravating circumstances. Do you understand that?
A. Yes.
Q. Have you talked about those with your attorney; have you seen those?
A. I’m not real familiar with seeing them, but I have talked with them about them.
Q. When I say that the jury must find at least one, they must find at least one statutory aggravating circumstance. If they don’t, it’s life without parole. Do you understand that?
A. Yes.
Q. If they do find at least one statutory aggravating circumstance, then they can determine if there are any non-statutory aggravating circumstances. Do you understand that?
A. Yes.
Q. And the state has filed notice, I believe, of [25] or [26] non-statutory ag*644gravating circumstances. Are you aware of that?
A. Yes.
Q. And the jury would determine if the statutory ayyravating circumstances nonstatutory aggravating circumstances and the evidence in the case, whether they warrant the death penalty. Do you understand that ?
A. Yes.
Q. And they must unanimously find that they do warrant the death penalty. Do you understand that?
A. Yes.
Q. And if they don’t, then it’s life without parole. Do you understand that?
A. Yes, I do.
Q. And then if they find that there are sufficient aggravating circumstances to warrant death, then they must consider whether there are mitigating circumstances. Do you understand that?
A. Yes, I do.
Q. And your attorney has supplied me with notice of five statutory mitigating circumstances that would be presented to the jury; do you understand that?
A. Yes.
Q. And the jury would then consider whether those mitigating circumstances, or the evidence in the case, whether it outweighs the aggravating circumstances. And if they found that the mitigating circumstances outweigh the aggravating circumstances, then they must sentence you to life without parole. Do you understand that?
A. Yes.
Q. And do you understand that when they consider the mitigating circumstances that they don’t have to all unanimously find the same mitigating circumstances; do you understand that?
A. Yes.
Q. And do you understand that even if they find that the mitigating circumstances do not outweigh the aggravating circumstances that they still are not obliged to sentence you to death; do you understand that?
A. Yes.
Q. The final decision would rest with the jury. Do you understand that?
A. Fes.
Q. But again in this case it will all be up to one man. Do you understand that?
A. Yes.
Q. Is that what you want?
A. Yes, it is.
B. Taylor’s Jury Waiver Was Purposeful, Not Collateral To His Guilty Plea
Taylor’s statements at his initial post-conviction hearing before Judge Dierker in 1992 illuminate what Taylor understood and intended when he pleaded guilty in 1991. At that hearing, Taylor’s defense counsel testified that the State’s case against Taylor was “one of the strongest cases [that he] had ever encountered” and led to a decision to “concentrate on possible penalty phase evidence” after Taylor pleaded guilty. The record reflects that Taylor’s discussions with his attorneys about the prospects of having his case heard by a judge versus a jury led to a purposeful defense strategy of seeking a judge-imposed sentence. He and his counsel thought that his best hope to avoid the death penalty was to have Judge Randall sentence him.
Taylor’s testimony on cross-examination at the post-conviction hearing included:
Q. Well, did you think that your chances of not getting death were real good in front of a jury?
A. I knew that I didn’t want to go in front of a jury.
Q. And why was that, Mr. Taylor?
A. Because I was admitting my guilt.
*645Q. I’m not talking about the issue of guilt. I’m talking about the issue of punishment. Did you want to go in front of a jury for them to decide whether you would live or die?
A. Not then but now I do.
PCR Tr. 622-23.
Taylor’s own testimony, together with other evidence adduced during the post-conviction hearing, convinces this Court that Taylor intended to plead guilty at all times during the underlying case and had no desire whatsoever to go to trial on any issue before the jury. Taylor understood and agreed that the facts of his case compelled adoption of the strategy of pleading guilty, with sentencing by a judge rather than trial by jury.
Although section 565.006.2, RSMo 1986,11 was not discussed with Taylor, counsel concentrated on the best strategy to avoid a death sentence. A jury was viewed as almost certain to recommend death in light of all the facts of the case. Taylor was aware of and understood counsel’s thinking and agreed that a jury trial should be avoided at all costs — his hope lay with a plea to a trial judge who might be inclined to mercy.
The record shows with unmistakable clarity that Taylor purposefully and strategically sought to avoid jury sentencing because he did not want either the guilt or the sentencing portions of his case to be presented to a jury.
C. Taylor’s Waiver Of Jury Sentencing Remains Valid
1. Taylor I Did Not Invalidate Taylor’s Waiver Of Jury Sentencing
Taylor unpersuasively argues that Taylor I declared that his 1991 guilty plea did not include a waiver of jury sentencing because section 565.006.2 prevented him from having a jury trial on punishment after he pleaded guilty.12 Contrary to the assertions of the dissent, however, nothing in Taylor I or any other case has invalidated Taylor’s purposeful, strategic choice in 1991 to have his sentence imposed by a judge, not by a jury.
Taylor I rejected Taylor’s assertions that he should have been allowed to withdraw his plea.13 It specifically rejected his arguments that he was insufficiently informed when he pleaded guilty because his counsel had failed to inform him about the possibility of jury sentencing pursuant to section 565.006.2. 929 S.W.2d at 217. To this end, Taylor I held:
Taylor also argues the plea was not knowingly made because he was not informed a jury could sentence him.... [Under section 565.006.2,] jury sentencing after a guilty plea [was] not a right for the defendant to waive, rather a privilege for the State to grant. Taylor did not waive sentencing by a jury because he could only obtain jury sentencing if the State agreed to it. The State *646did not agree; therefore, there was nothing of which to inform him. A knowing and voluntary plea does not require defendant be told details irrelevant to the decision at hand.... Failure to inform Taylor of the possibility of sentencing by a jury did not render his guilty plea unknowing or involuntary.
Id.
This discussion in Taylor I was confined to addressing Taylor’s challenge that his plea was involuntary because he was not fully informed about the provisions of section 565.006.2 that would have allowed the State to agree to provide him jury sentencing.14 Taylor I did not negate the numerous underlying facts showing that Taylor had no wish to be sentenced by a jury and that he understood that his guilty plea represented a strategic acquiescence to be sentenced by a judge rather than by a jury. The record leaves no doubt that Taylor’s knowledge of section 565.006.2 had no impact on his plea, as his aim was to avoid jury sentencing.15
2. Subsequent Case Law Did Not Invalidate Taylor’s Jury Waiver
a. Taylor’s Jury Waiver Remains Valid Even Though It Preceded The Sixth Amendment Jury Sentencing Cases
Contrary to Taylor’s assertions, his 1991 waiver of jury sentencing is not *647invalidated because it preceded case law outlining a Sixth Amendment right to jury sentencing. When determining whether a defendant has the requisite understanding to render an “affirmative knowing, voluntary and intelligent waiver,” courts do not require a defendant to know if the source of the right being waived is the constitution or a statute. Instead, the relevant assessment is whether the defendant understood the consequences of the right when he gave it up.
In State v. Hunter, this Court opined:
The test for determining if the waiver is made intelligently and knowingly depends on the particular facts and circumstances surrounding the case, including the background, experience, and conduct of the accused. Defendant’s knowledge of all relevant facts need not appear in the trial record to support a finding that the waiver ... was proper. To limit the focus of the inquiry to what a defendant said just before the waiver of counsel was permitted would forbid the broad inquiry necessary to a fair assessment of whether defendant knew and appreciated what he was doing when he waived his right to counsel.
840 S.W.2d 850, 858 (Mo. banc 1992) (discussing that a defendant’s waiver of counsel was knowing and intelligent) (internal citations and quotations omitted).
In finding the defendant’s waiver was sufficiently knowing and intelligent in Hunter, this Court noted that “the defendant understood the judge, the right being waived, the choices being made, and had the capacity to think logically at the time he waived counsel.” Id. at 859.
When Taylor waived jury sentencing as part of his plea in 1991, it did not matter whether his right to jury sentencing at that time stemmed from the constitution or a statute.16 The source of Taylor’s right to be sentenced by a jury was irrelevant to his strategic choice to avoid jury sentencing. The record is clear that Taylor understood that a consequence of his plea and waiver in 1991 was that he would be sentenced by a judge, not by a jury. His jury waiver was not motivated by the source of his right to be sentenced by a jury but by his strategic choice to avoid jury sentencing because of the potential harsh consequences. As discussed above, his jury waiver was not simply an adverse collateral consequence of his guilty plea. Instead, his waiver of jury participation in 1991 was a purposeful strategy to attempt to avoid the death penalty. When Taylor pleaded guilty and waived jury involvement in his case in 1991, he received what he wanted at that time — he did not want to face a jury, no matter under what statute or constitutional provision a right to jury sentencing existed.
The record supports a finding that Taylor made a knowing, voluntary, and intelligent waiver. He understood the judge’s inquiries about his plea and waiver, he understood that his case would not be presented to a jury, and there is no argument that he was incapable at the time of thinking logically and choosing strategically to forego jury participation in his case. He acknowledged that no promises were made to him when he pleaded guilty, and *648he knew that the judge would be considering whether to sentence him to death.
Taylor’s 1991 purposeful, strategic acquiescence to be sentenced by a judge, instead of by a jury, did not evaporate in light of future case law that clarified a Sixth Amendment right for capital defendants to be sentenced by a jury.
Contrary to Taylor’s arguments, the United States Supreme Court’s opinion in Halbert v. Michigan, 545 U.S. 605, 125 S.Ct. 2582, 162 L.Ed.2d 552 (2005), does not render his jury waiver invalid or require that he be allowed to evade the consequences of his 1991 jury waiver.
Halbert addressed a Michigan state law that provided that defendants who pleaded guilty or nolo contendere could appeal only by leave of the court. Id. at 609-10, 125 S.Ct. 2582. Under the law, indigent defendants only were provided counsel in certain situations. Id. at 609, 125 S.Ct. 2582. The indigent defendant in Halbert was informed of circumstances in which counsel may have been appointed, but he was not expressly informed that, absent such circumstances, counsel would not be provided. Id. at 643 n. 1, 125 S.Ct. 2582. The defendant requested appellate counsel, but his request was denied. Id. at 615-16, 125 S.Ct. 2582.
The United States Supreme Court ultimately found that the defendant was wrongly denied counsel, finding that Michigan’s practice of providing counsel violated the Due Process and Equal Protection clauses. Id. at 610, 125 S.Ct. 2582. It rejected Michigan’s argument that the defendant had waived his right to appointed appellate counsel by entering a plea of nolo contendere, finding: “At the time [the defendant] entered his plea, [he], in common with other defendants convicted on their pleas, had no recognized right to appointed appellate counsel he could elect to forgo.” Id. at 623,125 S.Ct. 2582. Halbert noted that the trial court had not informed the defendant, “simply and directly,” that there would be no access to appointed counsel in his case. Id. at 624, 125 S.Ct. 2582.
Whereas the trial court in Halbert did not expressly, “simply and directly” inform the defendant of his rights, the record in Taylor’s case shows that the trial court did “simply and directly” discuss with Taylor that he was foregoing jury participation in his case. Taylor was not confused about what he was foregoing, and he received the sentencing that he strategically chose. Unlike the defendant in Halbert, who was alleged to have impliedly waived a right to his detriment, Taylor clearly and unequivocally rejected his opportunity to have his case heard by a jury to obtain his desired judge sentencing.17
b. The Sixth Amendment Jury Sentencing Cases Are Distinguishable From Taylor’s Case
Because the record clearly shows that Taylor strategically waived jury sentenc*649ing after weighing the costs and benefits of facing a jury, his case is distinguishable from Apprendi, Ring, Blakely, Whitfield, and their progeny.18 Unlike Taylor, the defendants in these other cases did not knowingly and strategically plead guilty and waive jury sentencing based on a belief that jury sentencing would offer harsher consequences than would judge sentencing. Unlike the defendants in the other cases, Taylor strategically sought judge sentencing because he believed that judge sentencing was more likely to result in leniency or mercy.
Nothing in Ring or its progeny extends Sixth Amendment jury sentencing protections to defendants who strategically plead guilty and purposefully waive jury sentencing. And Blakely expressly recognizes that defendants can acquiesce to having their sentences imposed by a judge, rather than by a jury, and thereby waive their rights to having a jury find the facts essential for a sentence. See 542 U.S. at 310, 124 S.Ct. 2531.
While the defendant in Blakely was surprised by his enhanced sentence, Taylor knew that the judge was considering the State’s recommendation for the available enhanced sentence (the death penalty), yet he still sought judge sentencing because he believed that it would be to his benefit and that jury sentencing would be to his disadvantage. As such, contrary to Taylor’s arguments, it is not instructive that the defendant in Blakely was provided Sixth Amendment jury sentencing relief after his guilty plea, as Blakely did not involve a defendant who clearly, intentionally, and strategically waived jury sentencing because it was not in his interest.
Similarly, Whitfield also is not instructive in Taylor’s case. In Whitfield, this Court held that the principles articulated in Ring applied retroactively to a defendant who did not waive a jury trial and whose sentence was imposed by a judge after the jury deadlocked during the penalty phase. Whitfield, 107 S.W.3d at 256. Unlike Taylor, however, the defendant in Whitfield made a clear choice to have his guilt and punishment decided by a jury, yet he then was denied that choice when the judge undertook to determine his punishment after the jury deadlock. Id. at 256, 261. Taylor, in contrast, purposefully and strategically rejected jury sentencing altogether.
Because the record clearly shows that Taylor knowingly, purposefully, and strategically avoided jury sentencing, he is not entitled to habeas relief based on the distinguishable holdings in Apprendi, Ring, Blakely, Whitfield, or their progeny.
c. No Retroactive Application Of Ring Or Its Progeny Is Required
In addition to finding that Ring and its progeny are distinguishable, this Court also finds that Taylor is not entitled to retroactive application of Ring and the other Sixth Amendment jury sentencing cases. No case law compels this Court to invalidate retroactively Taylor’s 1991 agreement that he would be sentenced by a judge rather than by a jury.
In Schriro v. Summerlin, 542 U.S. 348, 124 S.Ct. 2519, 159 L.Ed.2d 442 (2004), the United States Supreme Court, in an opinion published immediately before Blakely, declared that Ring did not apply retroactively in a case in which a death sentence was collaterally attacked after the sen*650tence was final on direct review. The defendant in Summerlin brought a habeas petition claiming that Ring entitled him to relief because his pre-Ring death sentence was imposed by a judge rather than by a jury. See Summerlin, 542 U.S. at 349-51, 124 S.Ct. 2519. The Supreme Court, however, concluded:
The right to jury trial is fundamental to our system of criminal procedure, and States are bound to enforce the Sixth Amendment’s guarantees as we interpret them. But it does not follow that, when a criminal defendant has had a full trial and one round of appeals in which the State faithfully applied the Constitution as we understood it at the time, he may nevertheless continue to litigate his claims indefinitely in hopes that we will one day have a change of heart. Ring announced a new procedural rule that does not apply retroactively to cases already final on direct review.
Id. at 358, 124 S.Ct. 2519 (emphasis added).
Similarly, in United States v. Stoltz, the Eighth Circuit announced its conclusion that Blakely does not apply retroactively on collateral review of a conviction or sentence that is final. 149 Fed.Appx. 567, 568-69 (8th Cir.2005) (noting also that the Eighth Circuit had held previously that Apprendi does not apply retroactively in collateral proceedings). The defendant in Stoltz, like Taylor here, was before the court on a habeas petition raising a Blakely issue. Stoltz noted that “[although a new rule of criminal procedure announced by the Supreme Court applies to all criminal cases then pending on direct appeal, it does not apply to convictions that are already final, except in limited circumstances.” Id. at 568. It highlighted that “[wjhere a conviction is final, the new rule is retroactive only if it is either a substantive rule or a watershed rule of procedure implicating the fundamental fairness and accuracy of the criminal proceeding!), and] ... [a] new procedural rule ... is fundamental only when without it the likelihood of an accurate conviction is seriously diminished.” Id. (internal citations and quotations omitted). Stoltz found that “[t]he Blakely rule is not substantive because it does not alter the range of conduct or the class of persons the law punishes[, rather] it only addresses what facts a judge may use to determine a sentence,” and it is not a procedural rule “of watershed magnitude.” Id. at 569. Stoltz explained that “[t]he Blakely rule is not so fundamental to fairness that without it the likelihood of an accurate conviction or sentence is seriously diminished,” and it noted that “[e]very [federal] circuit court to consider the issue has held that Blakely is not retroactive.” Id.
These federal decisions rest on the United States Supreme Court’s decision in Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989). Teag-ue provided that federal courts will apply new constitutional rules retroactively only if a substantive law is at issue or if a procedural law is at issue that either (1) places “certain kinds of primary, private individual conduct beyond the power of the criminal law-making authority to proscribe” or (2) establishes “watershed rules of criminal procedure” that “implicate the fundamental fairness of the trial” and “without which the likelihood of an accurate conviction is seriously diminished.” 489 U.S. at 311-13, 109 S.Ct. 1060 (1989) (internal quotations omitted). In Whitfield, however, this Court decided to offer greater retroactive application of new constitutional rules over procedural matters than Teague would require:
For these reasons, as a matter of state law, this Court chooses not to adopt the *651Teague analysis but instead chooses to continue applying the Linkletter [v. Walker, 381 U.S. 618, 85 S.Ct. 1731, 14 L.Ed.2d 601 (1965) ]-Stovall [v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199 (1967) ] approach to the issue of the retroactivity of Ring, an approach that comports better -with Missouri’s legal tradition. Applying the analysis set out in Linkletter-Stovall here, this Court must consider (1) the purpose to be served by the new rule, (2) the extent of reliance by law enforcement on the old rule, and (3) the effect on the administration of justice of retroactive application of the new standards.
Whitfield, 107 S.W.3d at 268.
In offering the defendant in Whitfield retroactive application of Ring, Whitfield discussed:
[T]he second and third factors [of Linkletter-Stovall ] clearly favor retro-activity. ... Missouri juries have always made the decision whether to impose the death penalty except in those few cases in which the jury was unable to reach a verdict. Moreover ... Ring must be applied to all future death penalty cases and to those not yet final or still on direct appeal.
Thus, only those few Missouri death penalty cases that are no longer on direct appeal and in which the jury was unable to reach a verdict and the judge made the required factual determinations and imposed the death penalty will be affected by the retroactive application of Ring. As a result, the effect of application of Ring to cases on collateral review will not cause dislocation of the judicial or prosecutorial system. This Court’s preliminary review of its records has identified only five potential such cases.
Whitfield, 107 S.W.3d at 268-69 (listing the five cases identified, which did not include Taylor’s case or his co-defendant Nunley’s case)19 (emphasis added).
By its terms, Whitfield’s retroactivity holding is limited to the identified similar collateral review cases in which the jury was convened but was unable to reach a verdict and then the sentence was imposed by the judge.20 Accordingly, Taylor is not entitled to retroactive Sixth Amendment jury sentencing under Whitfield.
Notably, the United States Supreme Court and other federal courts have not afforded retroactive application of Ring *652and its progeny. And, in light of Whitfield’s limited retroactively holding, this Court is not compelled to go further than the United States Supreme Court to provide Sixth Amendment jury sentencing to Taylor.
VI.Taylor’s Death Sentence Should Not Be Vacated
For the reasons addressed above, Taylor remains bound by his strategic decision in 1991 to have his sentence imposed by a judge, not by a jury. This is particularly true because he believed that judge sentencing would benefit him. He is not entitled to strategically plead guilty and waive jury sentencing and then claim that judge sentencing violated his constitutional rights. To approve such an argument would solicit game-play in criminal cases. It essentially would encourage a defendant to waive his jury rights, take his chances with a judge and then, if he does not receive the leniency he expected from the judge, later feign confusion about having waived his right to jury sentencing so he could take his chances again before a jury.
VII.Taylor Is Not Entitled To Have His Death Sentence Reduced To Life Imprisonment
Taylor also contends that he is entitled to habeas relief because his death sentence violates due process and equal protection because he has been treated differently from 10 other defendants whose sentences “based on judge-found facts” were reduced from death to life without parole. But these other defendants differ from him because they did not waive jury sentencing.
Taylor further argues that habeas relief should issue because his death sentence is disproportionate in comparison with the life sentences imposed on similarly situated defendants. This Court, however, previously has established that it will not undertake retrospective proportionality review of death sentences. See State v. Clay, No. SC78373 (order entered December 9, 2010) (reflecting that this Court will not undertake retroactive proportionality review of death sentences in light of State v. Deck, 303 S.W.3d 527 (Mo. banc 2010) (Stith, J. concurring), and State v. Dorsey, 318 S.W.3d 648, 659 (Mo. banc 2010)). As such, Taylor is not entitled to a new proportionality review of his death sentence.
VIII.Conclusion
Taylor remains bound by his previous choice to forego jury sentencing, even though his choice preceded changes in the law that might have led him in hindsight to seek a different course. As this Court has noted before, “[fjinality of litigation occupies an important place in the criminal justice process ... [, and] [a]t some point litigation must cease.” State v. Thompson, 659 S.W.2d 766, 768 (Mo. banc 1983). Taylor’s criminal proceedings have been justly resolved and have reached this point of finality. His case repeatedly has been reviewed for errors, and this Court continues to find that no error was made in his case that would entitle him to relief from his sentences.
For the foregoing reasons, Taylor’s petition for a writ of habeas corpus is denied.
PRICE, C.J., BRECKENRIDGE and FISCHER, JJ., concur.STITH, J., dissents in separate opinion filed; TEITELMAN and WOLFF, JJ., concur in opinion of STITH, J.
.In addition to the tortuous procedural history of this case detailed in this opinion, further details of Taylor's involvement in the gruesome killing can be found in this Court's previous opinion in Taylor’s direct appeal and Rule 24.035 post-conviction appeal, State v. Taylor, 929 S.W.2d 209 (Mo. banc 1996).
. Habeas corpus is an original remedial writ, and this Court has jurisdiction pursuant to Mo. Const, art. V, sec. 4.
. Taylor’s accomplice in Ann’s death is the subject of the opinion released concurrent to this opinion, State v. Nunley, 341 S.W.3d 611 (Mo. banc 2011).
. Taylor’s 1994 sentences included death for Ann’s murder and consecutive terms of 50 years for armed criminal action, 15 years for kidnapping, and life for rape.
. Cf. Taylor v. Bowersox, 329 F.3d 963, 968-69 (8th Cir.2003).
. Taylor notes that a jury never has found the necessary factual findings for imposing his death sentence, which included: (1) at least one statutory aggravating factor was present in the case; (2) the aggravating evidence warranted imposition of the death penalty; and (3) any mitigating evidence was not "sufficient to outweigh the evidence in aggravation.” See sec. 565.030.4, RSMo 1994 (the statute applicable when Taylor’s death sentence was imposed after remand).
. As discussed further below, Whitfield applied Missouri’s traditional retroactivity analysis in finding that Ring applied retroactively in that case and in cases with similarly situated defendants, but Whitfield's retroactivity holding was expressly limited. See 107 S.W.3d at 268-69.
. Whitfield opined:
[B]ecause the judgment was entered based on the judge's findings of fact rather than that of the jury, Ring was violated, and the burden shifted to the State to show the Ring eiror was harmless beyond a reasonable doubt. A presumption is simply inadequate to meet this high standard, and no affirmative proof sufficient to meet this standard has been offered by the State, as the record is silent in regard to the jury's findings.
107 S.W.3d at 263.
. Under Washington law, "deliberate cruelty” was a statutorily enumerated ground for enhancing the defendant’s sentence because it was a domestic violence case. See Blakely, 542 U.S. at 300, 124 S.Ct. 2531.
. When Taylor pleaded guilty, the then-applicable statutory scheme intertwined having a jury for the guilt and punishment phases of the trial. As such, his guilty plea foreclosed him from having a jury determine his sentence.
. All statutory references are to RSMo 1986, unless otherwise indicated.
. Section 565.006.2 provided: "No defendant who pleads guilty to a homicide offense or who is found guilty of a homicide offense after trial to the court without a jury shall be permitted a trial by jury on the issue of the punishment to be imposed, except by agreement of the state.”
. Taylor’s rejected claims in Taylor I included that he should have been permitted to withdraw his guilty plea for the following reasons: “he did not receive the benefit of his plea bargain, the court failed to personally admonish him as required by Rule 24.02, the plea was not knowingly and voluntarily made because Taylor was not informed of the elements of first-degree murder and the possibility of juiy sentencing, there was insufficient factual basis to support the plea, and the plea was offered to a defective information.” 929 S.W.2d at 215.
. Taylor's co-defendant, Nunley, has challenged the constitutional validity of section 565.006.2. In Nunley, this Court concludes that section 565.006.2 is constitutional post-Ring, This Court notes that other courts have held that guilty pleas and waivers remain valid even if the underlying sentencing scheme on which they are based “explicitly and unequivocally precludes the defendant from receiving a jury sentence.” Nunley, 341 S.W.3d 611, 622 (quoting State v. Piper, 709 N.W.2d 783, 807 (S.D.2006)); also citing Colwell v. State, 118 Nev. 807, 59 P.3d 463, 473 (2003) (upholding the Nevada statutory scheme that unequivocally eliminated the right to a jury at sentencing because the defendant pleaded guilty and validly waived his right to a jury trial); Moore v. State, 717 N.E.2d 46, 49 (Ind.2002) (upholding Indiana statutes that unequivocally foreclosed the right to jury sentencing after a guilty plea; finding that the defendant’s guilty plea waived his entitlement to argue that the statutory scheme was unconstitutional because it deprived the defendant of a jury determination of the aggravating circumstances).
Nunley also declares that section 565.006.2 is constitutional as applied to Nunley because he "cannot [now] claim that the State [pursuant to section 565.006.2] deprived him of a jury, when he strategically pled guilty in order to avoid jury sentencing.” Nunley, 341 S.W.3d 611, 622. Any assessment of whether section 565.006.2 was applied constitutionally in Taylor’s case must mirror this analysis from Nunley.
. Taylor’s arguments as to his counsel’s failure to inform him about section 565.006.2 first were examined in his initial post-conviction proceedings before Judge Dierker. Judge Dierker’s findings included: “The dead letter of [section] 565.006.2 looms large in this case, for the sole reason that, in hindsight, it is apparently the one thing that trial counsel for [Taylor] completely overlooked.” Dierker Memorandum at 59. Judge Dierker noted that section 565.006.2 had not been construed in case law and never before had been invoked in Jackson County. And he noted that the statute conferred no right on Taylor to empanel a jury, but rather gave the State the authority to choose jury sentencing. Dierker Memorandum at 59-60. He found that Taylor’s counsel were not ineffective for overlooking section 565.006.2, particularly because the “facts of [Taylor’s] case were such that it was entirely reasonable for counsel to eschew juiy involvement altogether.” Dierker Memorandum at 60. He rejected-Taylor's contention that his plea was involuntary because of lack of knowledge about section 565.006.2, concluding that knowledge of the statute had no bearing on Taylor’s desire to avoid jury sentencing. See Dierker Memorandum at 60-62. Judge Dierker wrote: "The question is whether, at the time of the pleas, an awareness of [section] 565.006.2 would have changed counsel's recommenda*647tion to plead and probably secured a different trial outcome. ... The answer is a resounding ‘No!’ " Dierker Memorandum at 61-62.
. Comparatively, this Court’s opinion regarding Taylor’s co-defendant, Nunley, likewise rejects the notion that a defendant’s strategic waiver of jury sentencing is invalidated retroactively by Ring. See Nunley, 341 S.W.3d 611, 628 ("The fact that Ring provided an additional source of [the right to jury sentencing] after Nunley pled guilty does not make Nunley’s waiver [of jury sentencing] 'unknowing.' ”).
. Similarly, Taylor’s case also is distinguishable from Smith v. Yeager, 393 U.S. 122, 89 S.Ct. 277, 21 L.Ed.2d 246 (1968). Smith involved a case in which a defendant's constitutional right had been waived but the defendant’s counsel was unsure whether there was such a right and did not believe it important:
Whatever counsel’s reasons for this obscure gesture of noblesse oblige [in waiving the defendant’s right to a hearing], we cannot ... presume that he intentionally relinquished a known right or privilege, when the right or privilege was of doubtful existence at the time of the supposed waiver.
393 U.S. at 126, 89 S.Ct. 277 (emphasis added).
In Taylor's case, however, there was no issue about the doubtful existence of his right to jury sentencing causing his counsel confusion, as Taylor purposefully and strategically chose judge sentencing and declined jury sentencing.
. Until Taylor’s case (and his co-defendant Nunley’s companion case), no other case before this Court has addressed the right to Sixth Amendment jury sentencing in a situation in which the defendant strategically pleaded guilty and waived jury sentencing because he believed that a jury would sentence him to death.
. Nunley rejects retroactive Sixth Amendment jury sentencing for Taylor’s co-defendant, noting that Ring has been applied retroactively in nine cases after Whitfield., but none of these cases involved a defendant who strategically pleaded guilty and waived jury sentencing. See Nunley, 341 S.W.3d 611, 619 (referencing State ex rel. Lyons v. Lombardi, 303 S.W.3d 523, 525 n. 2 (Mo. banc 2010); Ervin v. Purkett, 2007 WL 2782332 (E.D.Mo. 2007) at *1; State v. Thompson, 134 S.W.3d 32, 33 (Mo. banc 2004); State ex rel. Baker v. Kendrick, 136 S.W.3d 491, 494 (Mo. banc 2004); State ex rel. Mayes v. Wiggins, 150 S.W.3d 290, 291 (Mo. banc 2004); State v. Buchanan, 115 S.W.3d 841, 842 (Mo. banc 2003); State v. Smith, No. SC77337, order entered October 28, 2003; State v. Richardson, No. SC76059, order entered October 29, 2003; State v. Morrow, No. SC79112, order entered October 29, 2003).
. The dissent states that Whitfield applies to Taylor’s case because it provides retroactive Sixth Amendment jury sentencing rights in “all death penalty cases in which the jury was unable to agree upon the facts necessary for imposition of the death penalty.” That characterization of Whitfield, however, takes Whitfield's limited holding too far. Whitfield does not stand for the proposition that all defendants sentenced to death without jury findings now are entitled to retroactive relief. Where, as here, there never was a jury convened, the case does not present issues of a jury “unable to reach a verdict.” See Whitfield, 107 S.W.3d at 268. In such a case, Whitfield has no application.