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.
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Nicholas C. Minshew - Minshew & Ahluwalia LLP
Nicholas C. Minshew, Attorney at Law, concentrates his practice in the area of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County. Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.