Draft Motion in Demand of a Sentencing Jury for an Arizona Defendant

5 Pages Posted: 12 Feb 2017

See all articles by Carissa Byrne Hessick

Carissa Byrne Hessick

University of North Carolina School of Law

Date Written: February 8, 2017

Abstract

This draft motion is intended for Arizona criminal defense attorneys whose clients have a prior felony conviction, making them eligible for an aggravated sentence. As I explain in a recent essay in Arizona Attorney, there is a strong argument to be made that the current Arizona non-capital sentencing system is unconstitutional in the wake of the U.S. Supreme Court’s decision in Hurst v. Florida. Arizona attorneys are free to use this draft motion (or any part of this draft motion) to seek sentencing juries. In return, I ask that you please inform me if you file such a motion, and how the court rules.

Suggested Citation

Hessick, Carissa Byrne, Draft Motion in Demand of a Sentencing Jury for an Arizona Defendant (February 8, 2017). Available at SSRN: https://ssrn.com/abstract=2913749

Carissa Byrne Hessick (Contact Author)

University of North Carolina School of Law ( email )

Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States

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