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STATE v. FISCHER

No. CR-15-0380-PR.

392 P.3d 488 (2017)

STATE of Arizona, Appellant, v. Robert FISCHER, Appellee.

Supreme Court of Arizona.

Filed April 17, 2017.

Attorney(s) appearing for the Case

William G. Montgomery , Maricopa County Attorney, Diane Meloche (argued), Deputy County Attorney, Phoenix, Attorneys for State of Arizona.

Steven C. Biggs (argued), Steven C. Smith , Smith LC, Phoenix, Attorneys for Robert Fischer.

Timothy J. Eckstein (argued), Randy McDonald , Osborn Maledon, P.A., Phoenix, Attorneys for Amicus Curiae Arizona Attorneys for Criminal Justice.

Mark Brnovich , Arizona Attorney General, Dominic Draye , Solicitor General, Joseph T. Maziarz , Chief Counsel, Linley Wilson , Assistant Attorney General, Criminal Appeals Section, Phoenix, Attorneys for Amicus Curiae Arizona Attorney General.

JUSTICE BRUTINEL authored the opinion of the Court, in which CHIEF JUSTICE BALES, VICE CHIEF JUSTICE PELANDER, and JUSTICES TIMMER and BOLICK joined.

¶ 1 A jury found Robert Fischer guilty of second degree murder. But the trial court, under Arizona Rule of Criminal Procedure ("Rule") 24.1(c)(1), determined that the verdict was contrary to the weight of the evidence and granted a new trial. Independently reexamining...

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