Whether the Tenth Circuit's decision – that the "beyond the reasonable doubt" standard does not apply to the critical and prerequisite finding by Oklahoma jurors that an aggravating circumstance outweighs any finding of mitigating circumstances – conflicts with the settled precedent of Apprendi v. New Jersey, 530 U.S. 466 (2000) and Ring v. Arizona, 536 U.S. 584 (2002)?

Whether the Tenth Circuit's decision conflicts with Apprendi v. New Jersey and Ring v. Arizona