A federal appeals court in California yesterday overturned the death sentences of more than 100 inmates living in Arizona, Montana and Idaho. The decision follows a 2002 Supreme Court ruling that mandated only juries not judges could impose the death penalty. Yesterday the San Francisco-based U.S. Court of Appeals for the 9th Circuit ruled that the high court’s ruling should be applied retroactively.

Arizona Attorney General Terry Goddard said yesterday his state will ask the Supreme Court to review the decision.