Cite as: 506 U. S. 40 (1992)
Opinion of the Court
der, as evidenced by the killer's actions. Our cases have suggested specific factors which lead to a finding of heinousness or depravity.
. . . . . "[One such factor] is the infliction of gratuitous violence on the victim. . . .
"[Another] is the needless mutilation of the victim." 135 Ariz., at 51-52, 659 P. 2d, at 10-11.
A murderer who intentionally drives a car over his victim twice arguably commits "gratuitous violence" within the meaning of Gretzler, whether or not he knows that the victim is dead after the first pass. An Arizona sentencer would not commit constitutional error by relying on the (F)(6) factor in sentencing that murderer. Although it may be true that knowledge of the victim's condition is required as a matter of Arizona law, indeed Richmond II itself may now stand for that state-law proposition, "federal habeas corpus relief does not lie for errors of state law." Lewis v. Jeffers, supra, at 780. On the other hand, respondents do agree that, on the facts of this case, the Eighth Amendment would preclude the application of the (F)(6) factor to petitioner if he did not intentionally drive the car over Crummett. Tr. of Oral Arg. 38-39. Cf. Tison v. Arizona, 481 U. S. 137, 156-158 (1987) (conduct short of intentional killing may show culpable mental state that justifies death penalty).
But we need not decide whether the principal opinion in Richmond II remained within the constitutional boundaries of the (F)(6) factor. Respondents assume that at least a majority of the Supreme Court of Arizona needed to perform a proper reweighing and vote to affirm petitioner's death sentence if that court was to cure the sentence of the initial vagueness error. See Brief for Respondents 27, 49, n. 16. Thus, even assuming that the two justices who joined the principal opinion properly reweighed, their votes did not suffice to validate the death sentence. One more proper vote was needed, but there was none. As we have already ex-
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