context: Specifically, no charge of CCE murder requires proof that there were other CCE murders, either in the same episode or in a subsequent episode, as required by the "multiple killings" and "killing another after a passage of time" "non-statutory aggravating factors," respectively. Thus, each of these "non-statutory aggravating factors" involves a factual component not required to prove the underlying offenses, considered only after a determination of guilt has been made on the underlying offenses.
citation_a.signal: no signal
citation_a.identifier: 576 F.3d 870, 870
citation_a.parenthetical: determining that differences in the factual elements or components of the factors and the offense meant that there was no duplication of constitutional dimensions or otherwise
citation_a.sentence: Williams, 576 F.3d at 870 (determining that differences in the factual elements or components of the factors and the offense meant that there was no duplication of constitutional dimensions or otherwise). It is also reasonable to conclude that-at the very least-the fact that the defendant aided and abetted multiple killings in a single episode and aided and abetted another killing separated in time from an earlier killing or killings would perform the appropriate function of “non-statutory aggravating factors” by allowing for the individualized determination of whether a death sentence is justified, that is, helping to inform the selection decision.
citation_b.signal: see
citation_b.identifier: 133 F.3d 571, 571
citation_b.parenthetical: considering whether the aggravating factor performed its required function in the penalty process
citation_b.sentence: See Cox, 133 F.3d at 571 (considering whether the aggravating factor performed its required function in the penalty process); see also Johnson, 900 F.Supp.2d at 958-59, 965-67 (explaining the function of “non-statutory aggravating factors”).