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STATE v. MALONE

No. 2 CA-CR 2016-0274.

425 P.3d 592 (2018)

796 Ariz. Adv. Rep. 5

The STATE of Arizona, Appellee, v. Stephen Jay MALONE Jr., Appellant.

Court of Appeals of Arizona, Division 2.

Filed July 24, 2018.

Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, Joseph T. Maziarz , Chief Counsel, By David A. Sullivan and Karen Moody , Assistant Attorneys General, Tucson, Counsel for Appellee.

James Fullin , Pima County Legal Defender, By Joy Athena and Jeffrey Kautenburger , Assistant Legal Defenders, Tucson, Counsel for Appellant.

Chief Judge Eckerstrom authored the opinion of the Court, in which Presiding Judge Staring concurred and Judge Brearcliffe concurred in part and dissented in part.

OPINION

¶ 1 Stephen Malone appeals from his convictions and sentences for first-degree murder, aggravated assault, and two counts of endangerment. On appeal, he contends, inter alia, that he should have been allowed to present evidence that he had brain damage of a type that made it more likely that he acted...

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