This morning, the Arizona Supreme Court affirmed the death sentences in State v. Nordstrom. Although Mr. Nordstrom did not present any mitigation at his sentencing hearing, the state was permitted to introduce highly prejudicial “mitigation rebuttal,” including evidence of four additional homicides. The Arizona Supreme Court determined such rebuttal was proper, as it constitutes a circumstance of the crime and is relevant to the question of whether Mr. Nordstrom is entitled to leniency. The opinion is below.
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