[These are cases where the defendant argued that his physical condition should be mitigating. The Court has determined that this is not a mitigating circumstance because it does not address the defendant's character, propensities, record, or the circumstances of the crime.]
State v. Spencer, 176 Ariz. 36, 859 P.2d 146 (1993)
The defendant's post-incarceration illnesses did not constitute a mitigating circumstance because they were not relevant in determining whether a sentence less than death was appropriate.
State v. Kayer, 194 Ariz. 423, 984 P.2d 31 (1999)
Post-murder physical health was not argued to the trial court, but was only argued on appeal. The Court found no cases that discuss this as a mitigating circumstance. No weight can be accorded this factor as his post-murder physical health does not address the defendant's character, propensities, record, or the circumstances of the murder.
CONTINUE TO MODEL PRISONER