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STATE v. McMURTREY

No. 5409-3.

151 Ariz. 105 (1986)

726 P.2d 202

STATE of Arizona, Appellee, v. Jasper Newton McMURTREY III, Appellant.

Supreme Court of Arizona, In Banc.

September 11, 1986.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen., by William J. Schafer III and Jack Roberts, Asst. Attys. Gen., Phoenix, for appellee.

Polis & Sadaca by Bertram Polis, Tucson, for appellant.

CAMERON, Justice.

This is an appeal from the reimposition of the death penalty on the defendant, Jasper Newton McMurtrey III, for his two first-degree murder convictions. A.R.S. §§ 13-703, -1105. We have jurisdiction pursuant to art. 6, § 5(3) of the Arizona Constitution and A.R.S. §§ 13-4031, -4035.

The issues that must be decided are:

1. Was the trial judge so prejudiced, from having sentenced defendant to death twice before...

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