Draft Motion in Demand of a Sentencing Jury for an Arizona Defendant
5 Pages Posted: 12 Feb 2017
Date Written: February 8, 2017
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.
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