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BUSSO-ESTOPELLAN v. MROZ

No. CV-15-0102-PR.

364 P.3d 472 (2015)

Jesus BUSSO-ESTOPELLAN, Petitioner, v. The Honorable Rosa MROZ, Judge of Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona, Real Party in Interest.

Supreme Court of Arizona.

Filed December 31, 2015.

Attorney(s) appearing for the Case

Tonya J. Peterson (argued), The Law Office of Tonya J. Peterson, Phoenix; Stacy L. Hyder , The Law Office of Stacy L. Hyder, P.L.C., Phoenix; and Richard L. Lougee , Mexican Capital Legal Assistance Program, Tucson, Attorneys for Jesus Busso-Estopellan.

William G. Montgomery , Maricopa County Attorney, Gerald R. Grant (argued), Deputy County Attorney, Attorneys for State of Arizona.

David J. Euchner (argued), Tucson, Attorney for Amicus Curiae Arizona Attorneys for Criminal Justice.

Justice TIMMER authored the opinion of the Court, in which Chief Justice BALES, Vice Chief Justice PELANDER, and Justices BRUTINEL and BERCH (Retired) joined.

¶ 1 During the penalty phase of a capital trial, "the defendant and the state may present any evidence that is relevant to the determination of whether there is mitigation that is sufficiently substantial to call for leniency," A.R.S. § 13-752(G), including...

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