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: Capital Defense Weekly

First look

By Karl R. Keys, Esq.

The first look at the next edition’s case law: In favorem vitae State v. Gary Wayne Snelling,  2010 Ariz. LEXIS 38 (Az 8/9/2010)  “Absent any evidence of defensive injuries, a struggle, or pleas for help, the record shows only that [the victim] was suddenly confronted by an assailant who promptly strangled her to death.” “Strangulations are not per se physically cruel absent specific evidence that the victim consciously suffered physical pain.”  “On independent review [ ]we find the record insufficient to support the (F)(6) aggravator because the evidence does not prove beyond a reasonable doubt that Curtis consciously suffered mental anguish or physical pain sufficient to render the murder especially cruel...continue to full post

Full post as published by Capital Defense Weekly on August 15, 2010 (boomark / email).