Tillman v. Cook , 209 Utah Adv. Rep. 54 ( 1993 )

ZIMMERMAN, Justice

(concurring):

I concur in Justice Durham’s opinion. Contrary to Justice Stewart’s assertion, I think a majority of this court did decide in the direct appeal that the instruction on unanimity given during the guilt phase was harmless. Because I am bound by this court’s earlier ruling on that issue, and because I find no merit to Justice Stewart’s recent revelation that harmful error was committed, but in the death penalty phase alone, I am compelled to vote to affirm the denial of the writ, even though I voted to vacate the conviction and the resulting sentence in the initial appeal.