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Click the link below to read the Motion to Vacate Aggravation Phase Verdict, filed June 21st.
CLICK HERE TO DOWNLOAD THE 22 PAGE DOCUMENT (PDF FORMAT)
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From FOX News:
Jodi Arias’ attorneys have asked a judge to vacate the jury’s decision in her murder trial that the 2008 killing of her boyfriend was “especially cruel,” a finding that allowed the panel to consider the death penalty.
Defense attorneys argue in their motion that the definition of “especially cruel” is too vague for jurors with no legal experience to determine what makes one killing more cruel or heinous than another.
The filing also appears to challenge a landmark 2002 U.S. Supreme Court ruling that found a defendant has the right to have a jury, rather than a judge, decide on the existence of an aggravating factor that makes the defendant eligible for capital punishment.
The high court determined that allowing judges to make such findings violated a defendant’s constitutional right to a trial by jury.
“Given the apparent difficulties that judges faced (prior to the ruling) in applying the statute in a uniform, consistent manner, juries are understandably even less equipped to do so,” defense attorney Kirk Nurmi wrote in the motion filed late last week.
Nurmi argues the term “especially” when coupled with cruel, heinous or depraved in a murder case, was first used when judges had the authority to determine factors that could make a defendant eligible for the death penalty, before the 2002 Supreme Court ruling.
“By including the word `especially’, the statute was designed to be employed by a judge, one presumed to have the depth and breadth of experience to identify those first degree murders `above the norm,”‘ he wrote.
Nurmi added that under current law, “layperson jurors” are left to “muddle through” the definition, with a defendant’s life in the balance.
Maricopa County Attorney Bill Montgomery called the motion a standard procedural move…….
>>> Click here to read the article in full @ Fox News.com <<<
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Remember…
WE ARE TEAM JODI – AND WE WILL BE VICTORIOUS in our quest for JUSTICE FOR JODI.
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SJ
Team Jodi
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