STATE v. MALONE

No. CR-18-0431-PR.

444 P.3d 733 (2019)

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

Supreme Court of Arizona.

Filed July 17, 2019.


Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, O.H. Skinner , Solicitor General, Joseph T. Maziarz , Chief Counsel, Criminal Appeals Section, Michael T. O'Toole (argued), Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

James L. Fullin , Pima County Legal Defender, Jeffrey Kautenburger (argued), Assistant Legal Defender, Pima County Legal Defender's Office, Tucson, Attorneys for Stephen Jay Malone Jr.

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

JUSTICE TIMMER authored the opinion of the Court, in which VICE CHIEF JUSTICE BRUTINEL and JUSTICES BOLICK, GOULD, LOPEZ, and PELANDER (Retired) joined. CHIEF JUSTICE BALES dissented in part and concurred in the judgment.


¶1 Although a defendant cannot use evidence of a mental disease or defect to show he did not form a crime's requisite mental state (mens rea), see State v. Mott, 187 Ariz. 536, 541, 931 P.2d 1046, 1051 (1997); State v. Schantz...

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