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Arizona Judicial Branch

MEDICAL PROBLEMS

MEDICAL PROBLEMS 

[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