aggravation-mitigation hearing in Arizona

8 Arizona opinions name it 1 courts 1981–2025 1 in the last five years

The cases below were cited by Arizona courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

Case	Followed	Cited
State v. McDanielgreen ariz · 1980 · cited in 1 Arizona opinions naming this issue, 1982–1982 2 sentences 1982Later we had occasion to consider subsection B of A.R.S. § 13-703, stating: “The statute is unambiguous in this requirement that the judge who heard the trial or accepted the plea preside at the aggravation-mitigation hearing and, by inference, impose the sentence.” State v. McDaniel, 127 Ariz. 13, 16 , 617 P.2d 1129, 1132 (1980). 1982Later we had occasion to consider subsection B of A.R.S. § 13-703, stating: “The statute is unambiguous in this requirement that the judge who heard the trial or accepted the plea preside at the aggravation-mitigation hearing and, by inference, impose the sentence.” State v. McDaniel, 127 Ariz. 13, 16 , 617 P.2d 1129, 1132 (1980).	1	1
State v. Thomasgreen ariz · 1973 · cited in 1 Arizona opinions naming this issue, 1982–1982 2 sentences 1982State v. Thomas, 110 Ariz. 106, 109 , 515 P.2d 851, 854 (1975). 1982State v. Thomas, 110 Ariz. 106, 109 , 515 P.2d 851, 854 (1975).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway.

Also cited on this issue (11)

Case	Cited	Years
State v. Watson green ariz · 1978 2 sentences 1981IMPOSITION OF THE DEATH PENALTY After conducting an aggravation-mitigation hearing pursuant to former A.R.S. § 13-454(C), State v. Watson, 120 Ariz. 441 , 586 P.2d 1253 (1978), cert. denied, 440 U.S. 924 , 99 S.Ct. 1254 , 59 L.Ed.2d 478 (1979), and Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978), the trial judge found two aggravating circumstances, A.R.S. § 13-454(EX1) and (2). 1981IMPOSITION OF THE DEATH PENALTY After conducting an aggravation-mitigation hearing pursuant to former A.R.S. § 13-454(C), State v. Watson, 120 Ariz. 441 , 586 P.2d 1253 (1978), cert. denied, 440 U.S. 924 , 99 S.Ct. 1254 , 59 L.Ed.2d 478 (1979), and Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978), the trial judge found two aggravating circumstances, A.R.S. § 13-454(EX1) and (2).	4	1981–1981
Hampton v. Wyrick green scotus · 1979 2 sentences 1981IMPOSITION OF THE DEATH PENALTY After conducting an aggravation-mitigation hearing pursuant to former A.R.S. § 13-454(C), State v. Watson, 120 Ariz. 441 , 586 P.2d 1253 (1978), cert. denied, 440 U.S. 924 , 99 S.Ct. 1254 , 59 L.Ed.2d 478 (1979), and Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978), the trial judge found two aggravating circumstances, A.R.S. § 13-454(EX1) and (2). 1981The trial judge conducted the aggravation-mitigation hearing pursuant to not only § 703, in effect at the time of the offense, but also pursuant to State v. Watson, 120 Ariz. 441 , 586 P.2d 1253 (1978), cert. denied 440 U.S. 924 , 99 S.Ct. 1254 , 59 L.Ed.2d 478 (1979) and Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978).	4	1981–1981
Ludwin v. Cambridge Mutual Fire Insurance green scotus · 1979 2 sentences 1981IMPOSITION OF THE DEATH PENALTY After conducting an aggravation-mitigation hearing pursuant to former A.R.S. § 13-454(C), State v. Watson, 120 Ariz. 441 , 586 P.2d 1253 (1978), cert. denied, 440 U.S. 924 , 99 S.Ct. 1254 , 59 L.Ed.2d 478 (1979), and Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978), the trial judge found two aggravating circumstances, A.R.S. § 13-454(EX1) and (2). 1981The trial judge conducted the aggravation-mitigation hearing pursuant to not only § 703, in effect at the time of the offense, but also pursuant to State v. Watson, 120 Ariz. 441 , 586 P.2d 1253 (1978), cert. denied 440 U.S. 924 , 99 S.Ct. 1254 , 59 L.Ed.2d 478 (1979) and Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978).	4	1981–1981
Lockett v. Ohio green scotus · 1978 2 sentences 1981IMPOSITION OF THE DEATH PENALTY After conducting an aggravation-mitigation hearing pursuant to former A.R.S. § 13-454(C), State v. Watson, 120 Ariz. 441 , 586 P.2d 1253 (1978), cert. denied, 440 U.S. 924 , 99 S.Ct. 1254 , 59 L.Ed.2d 478 (1979), and Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978), the trial judge found two aggravating circumstances, A.R.S. § 13-454(EX1) and (2). 1981IMPOSITION OF THE DEATH PENALTY After conducting an aggravation-mitigation hearing pursuant to former A.R.S. § 13-454(C), State v. Watson, 120 Ariz. 441 , 586 P.2d 1253 (1978), cert. denied, 440 U.S. 924 , 99 S.Ct. 1254 , 59 L.Ed.2d 478 (1979), and Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978), the trial judge found two aggravating circumstances, A.R.S. § 13-454(EX1) and (2).	3	1981–1981
State v. Spreitz green ariz · 1997 2 sentences 2025Spreitz admitted in a post-Miranda interview “that he hit Ms. Reid in the head with a rock more than once to make her stop yelling.” Id. ¶4 After the jury returned its guilty verdicts, the trial court conducted an aggravation-mitigation hearing and found one aggravating circumstance concerning the murder: that Spreitz murdered Reid in an especially cruel manner. 2025Id. at 135 ; see also A.R.S. § 13-703(F)(6) (1994).	1	2025–2025
State v. Valencia green ariz · 1979 2 sentences 1982Insofar as State v. Valencia, 124 Ariz. 139 , 602 P.2d 807 (1979) holds that a different judge may sentence a defendant to death after another judge has tried the case, it was overruled by State v. McDaniel, supra. Defendant contends that because the judge who tried the case is no longer able to 250 sentence him, there must be a new trial, citing McDaniel, supra. If the death penalty were still imposable, we would agree. 1982Insofar as State v. Valencia, 124 Ariz. 139 , 602 P.2d 807 (1979) holds that a different judge may sentence a defendant to death after another judge has tried the case, it was overruled by State v. McDaniel, supra. Defendant contends that because the judge who tried the case is no longer able to 250 sentence him, there must be a new trial, citing McDaniel, supra. If the death penalty were still imposable, we would agree.	1	1982–1982
State v. Watson green ariz · 1981 2 sentences 1981State v. Richmond, 114 Ariz. 186 , 560 P.2d 41 (1976), cert. denied, 433 U.S. 915 , 97 S.Ct. 2988 , 53 L.Ed.2d 1101 (1977); State v. Watson, 129 Ariz. 60 , 628 P.2d 943 (1981). 1981State v. Richmond, 114 Ariz. 186 , 560 P.2d 41 (1976), cert. denied, 433 U.S. 915 , 97 S.Ct. 2988 , 53 L.Ed.2d 1101 (1977); State v. Watson, 129 Ariz. 60 , 628 P.2d 943 (1981).	1	1981–1981
State v. Richmond green ariz · 1976 2 sentences 1981State v. Richmond, 114 Ariz. 186 , 560 P.2d 41 (1976), cert. denied, 433 U.S. 915 , 97 S.Ct. 2988 , 53 L.Ed.2d 1101 (1977); State v. Watson, 129 Ariz. 60 , 628 P.2d 943 (1981). 1981State v. Richmond, 114 Ariz. 186 , 560 P.2d 41 (1976), cert. denied, 433 U.S. 915 , 97 S.Ct. 2988 , 53 L.Ed.2d 1101 (1977); State v. Watson, 129 Ariz. 60 , 628 P.2d 943 (1981).	1	1981–1981
Broncucia v. Colorado green scotus · 1977 1 sentence 1981State v. Richmond, 114 Ariz. 186 , 560 P.2d 41 (1976), cert. denied, 433 U.S. 915 , 97 S.Ct. 2988 , 53 L.Ed.2d 1101 (1977); State v. Watson, 129 Ariz. 60 , 628 P.2d 943 (1981).	1	1981–1981
Marriott Corp. v. Richard green scotus · 1977 1 sentence 1981State v. Richmond, 114 Ariz. 186 , 560 P.2d 41 (1976), cert. denied, 433 U.S. 915 , 97 S.Ct. 2988 , 53 L.Ed.2d 1101 (1977); State v. Watson, 129 Ariz. 60 , 628 P.2d 943 (1981).	1	1981–1981
Heublein, Inc. v. Waters green scotus · 1977 1 sentence 1981State v. Richmond, 114 Ariz. 186 , 560 P.2d 41 (1976), cert. denied, 433 U.S. 915 , 97 S.Ct. 2988 , 53 L.Ed.2d 1101 (1977); State v. Watson, 129 Ariz. 60 , 628 P.2d 943 (1981).	1	1981–1981

Statutes the citing opinions construe

AZ § Ariz. Rev. Stat. § 13-703 (6) AZ § Ariz. Rev. Stat. § 13-4031 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

AZ 8 (1981–2025) IL 4 (1999–2011) ID 3 (1990–1991)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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