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STATE EX REL. ADEL v. HANNAH

No. CV-19-0280-SA.

472 P.3d 1100 (2020)

STATE of Arizona EX REL. Allister ADEL, Maricopa County Attorney, Petitioner, v. The Honorable John R. HANNAH, Jr., Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Ashley Denise Buckman, Real Party in Interest.

Supreme Court of Arizona.

Filed September 25, 2020.

Attorney(s) appearing for the Case

Allister Adel , Maricopa County Attorney, Julie A. Done (argued), Kirsten Valenzuela , Deputy County Attorneys, Phoenix, Attorneys for State of Arizona.

Sherri McGuire Lawson , Legal Defender, Maricopa County Office of the Legal Defender, James P. Cleary , Deputy Legal Defender, Phoenix; and Sheena Singh Chiang (argued), Law Office of Sheena Chiang, Phoenix, Attorneys for Ashley Denise Buckman.

Sam Kooistra , Arizona Capital Representation Project, Tucson; and Amy Knight (argued), Knight Law Firm, LLC, Tucson, Attorneys for Amici Curiae Arizona Attorneys for Criminal Justice and Arizona Capital Representation Project in Support of Real Party in Interest.

JUSTICE BEENE authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER and JUSTICES BOLICK, GOULD, LOPEZ, and PELANDER (RETIRED) joined.

¶1 Before a person convicted of felony murder can be sentenced to death, the jury must find that the defendant either: (1) killed, attempted to kill, or intended that a killing take place or that lethal force be used, Enmund v. Florida, 458 U.S. 782, 797, 102 S.Ct....

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