Following a 2002 Supreme Court decision that ruled only juries, not judges, can decide to sentence a defendant to death, the 9th Circuit Tuesday invalidatead the death sentences of upwards of 100 inmates in California, Montana and Arizona, by finding the Supreme Court's decision applied retroactively to those on death row when the case was decided.

In an 8-3 vote, the San Francisco-based 9th U.S. Circuit Court of Appeals said all condemned inmates sentenced by a judge should have their sentences commuted to life in prison.

...."By deciding that judges are not constitutionally permitted to decide whether defendants are eligible for the death penalty, the Supreme Court altered the fundamental bedrock principles applicable to capital murder trials," Circuit Judge Sidney R. Thomas wrote for the court.

Defense attorneys hailed the verdict.

Oliver at Liquid List has this to say about the decision:

Add this ruling to the Pledge decision, the Citizens For Better Forestry decision, the Lo v. Ashcroft decision, and many other recent rulings, and you have a court that actually cares about civil rights, the Constitution, the environment, and other ideals that some call progressive or liberal, but I deign to call simply American.

Update: The Christian Science Monitor reports that 3,500 remain on death row....after the 100 plus 9th Circuit reprieves.