TABLE OF CONTENTS
THE ENMUND/TISON REQUIREMENT
AGGRAVATING CIRCUMSTANCES A.R.S.§13-751(F)(1) -PRIOR CONVICTION-LIFE IMPRISONMENT OR DEATH (F)(1) FINDING UPHELD (F)(1) FINDING REVERSED
A.R.S.§13-751(F)(2) -PRIOR CONVICTION-SERIOUS OFFENSE OLD LAW/PRE-1993/USE OR THREAT OF VIOLENCE (F)(2) FINDING UPHELD OLD LAW/PRE-1993/USE OR THREAT OF VIOLENCE (F)(2) FINDING REVERSED NEW LAW/POST-1993/SERIOUS OFFENSE (F)(2) FINDING UPHELD NEW LAW/POST-1993/SERIOUS OFFENSE (F)(2) FINDING REVERSED OTHER CASES
A.R.S.§13-751(F)(3) -GRAVE RISK OF DEATH TO OTHERS (F)(3) FINDING UPHELD (F)(3) FINDING REVERSED
A.R.S.§13-751(F)(4) -PROCUREMENT OF MURDER BY PAYMENT OR PROMISE OF PAYMENT (F)(4) FINDING UPHELD (F)(4) FINDING REVERSED
A.R.S.§13-751(F)(5) -COMMISSION OF MURDER FOR PECUNIARY GAIN (F)(5) FINDING UPHELD (F)(5) FINDING REVERSED PRE-CLARK CASES
A.R.S.§13-751(F)(6) -HEINOUS, CRUEL OR DEPRAVED CRUELTY FINDING UPHELD CRUELTY FINDING REVERSED GRATUITOUS VIOLENCE FINDING UPHELD GRATUITOUS VIOLENCE FINDING REVERSED MUTILATION FINDING UPHELD MUTILATION FINDING REVERSED RELISHING FINDING UPHELD RELISHING FINDING REVERSED SENSELESS/HELPLESS FINDING UPHELD SENSELESS/HELPLESS FINDING REVERSED WITNESS ELIMINATION FINDING UPHELD WITNESS ELIMINATION FINDING REVERSED
A.R.S.§13-751(F)(7) -MURDER COMMITTED WHILE IN CUSTODY (F)(7) FINDING UPHELD (F)(7) FINDING REVERSED OTHER CASES
A.R.S.§13-751(F)(8) -MULTIPLE HOMICIDES (F)(8) FINDING UPHELD (F)(8) FINDING REVERSED
A.R.S.§13-751(F)(9) -AGE OF VICTIM (F)(9) FINDING UPHELD (F)(9) FINDING REVERSED
A.R.S.§13-751(F)(10) -VICTIM IS A PEACE OFFICER (F)(10) FINDING UPHELD (F)(10) FINDING REVERSED
A.R.S.§13-751(F)(11) -INTENT TO FURTHER OBJECTIVES OF A CRIMINAL GANG OR SYNDICATE No case has reviewed this factor to date.
A.R.S.§13-751(F)(12) -INTENT TO INTERFERE OR RETALIATE FOR COOPERATION WITH A CRIMINAL INVESTIGATION OR JUDICIAL PROCEEDING No case has reviewed this factor to date.
A.R.S.§13-751(F)(13) -COLD, CALCULATED MANNER (F)(13) FINDING UPHELD (F)(13) FINDING REVERSED A.R.S. § 13-751(F)(14) - USE OF A REMOTE STUN GUN No case has reviewed this factor to date.
MITIGATING CIRCUMSTANCES
A.R.S.§13-751(G)(1) -IMPAIRMENT MENTAL DRUGS / ALCOHOL
A.R.S.§13-751(G)(2) -DURESS
A.R.S.§13-751(G)(3) -MINOR PARTICIPATION
A.R.S.§13-751(G)(4) -VICTIM'S DEATH NOT REASONABLY FORESEEABLE
A.R.S.§13-751(G)(5) -AGE
NON-STATUTORY
COOPERATION LACK OF CRIMINAL HISTORY DIFFICULT CHILDHOOD/FAMILY HISTORY EMPLOYMENT HISTORY/MILITARY SERVICE FAMILY TIES FELONY MURDER/LACK OF INTENT FOLLOWER GOOD CHARACTER INTELLIGENCE/EDUCATION LIFE SENTENCE AVAILABLE MEDICAL PROBLEMS MODEL PRISONER RECOMMENDATIONS FOR LENIENCY REHABILITATION REMORSE / GRIEF RESIDUAL DOUBT/INNOCENCE SENTENCING DISPARITY STRESS VICTIM'S ACTIONS MISCELLANEOUS IMPAIRMENT NOT A FUTURE DANGER
CASE SUMMARIES
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