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Litigation

Dec. 31, 2015

9th Circuit impugns Arizona's sentencing

In a contentious en banc ruling, the 9th U.S. Circuit Court of Appeals on Tuesday granted habeas review to an Arizona man sentenced to death and found that the Arizona Supreme Court had unconstitutionally barred mitigating evidence in death sentence cases over a period of 15 years.

By Gautham Thomas

Daily Journal Staff Writer

In a contentious en banc ruling, the 9th U.S. Circuit Court of Appeals on Tuesday granted habeas review to an Arizona man sentenced to death and found that the Arizona Supreme Court had unconstitutionally barred mitigating evidence in death sentence cases over a period of 15 years.

The Arizona court wrongly applied the "causal nexus test" between 1989 and 2005, the 6-5 9th Circuit ruling found, a test which bars consideratio...

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