State high court to weigh appeal based on impulsivity issue
Legal Compliance
The Arizona Supreme Court will consider if judges can allow evidence on whether defendants have brain damage making it more than likely a crime was committed impulsively rather than with premeditation.
The court agreed Tuesday to consider the appeal of Stephen Jay Malone Jr., a Tucson man convicted of first-degree murder and other crimes in the 2013 killing of his wife, 25-year-old Augustina Soto. Her sister was wounded in the same shooting.
A state Court of Appeals July 2018 decision on Malone’s appeal upheld his convictions and said past Supreme Court decisions on admission of impulsivity are “nuanced.”
According to the decision, courts can’t consider evidence that a defendant’s mental disorder short of insanity negates criminal intent but can consider evidence that a character trait for impulsivity didn’t indicate premeditation.
Related listings
-
No-cost birth control, now the norm, faces court challenges
Legal Compliance 01/16/2019Millions of American women are receiving birth control at no cost to them through workplace health plans, the result of the Obama-era Affordable Care Act, which expanded access to contraception.The Trump administration sought to allow more employers ...
-
Court extends detention for Nissan ex-chair Ghosn by 10 days
Legal Compliance 12/29/2018Former Nissan chairman Carlos Ghosn will be detained at least through Jan. 11, the Tokyo District Court said Monday, as the once revered auto industry figure faces allegations that have marked a stunning downfall.Ghosn, who led Nissan Motor Co. for t...
-
NC court: Counties not responsible for school underfunding
Legal Compliance 12/22/2018North Carolina's top court says the state is responsible, not the counties, when schools are so underfunded that some children don't get the constitutionally required sound basic education.In a decision issued Friday, the state Supreme Court ruled ag...
Victorville CA DUI Lawyers - Drunk Driving Defense Attorney
The outcome of a Victorville CA DUI defense will have a long-term effect on anyone’s life, making the decision to receive legal representation an easy one. The fact is, most people accused of a DUI are first offenders with no criminal background. Whether this is your first run in with the law or you have had previous convictions, you are in need of a DUI defense attorney.
If you fail a sobriety test or have a blood alcohol level above 0.8%, you are considered to be driving under the influence in which you will be arrested. During this time you will be read your Miranda rights and it is crucial to exercise your right to remain silent. As they say, “anything you say can and will be held against you in court.” The courtroom takes no mercy on drunk drivers and any statement you make during your arrest will only damage your case.