State v. Jensen

CAMERON, Justice.

On 27 February 1985, for the second time, a jury found the defendant, Shawn Jensen, guilty of two counts of first degree murder. Defendant was sentenced to two concurrent life sentences. 1 We have jurisdiction pursuant to Ariz.Const. art. 6, § 5(3), and A.R.S. §§ 13-4031, -4035, and 17 A.R.S. Rules of Crim.Proc., Rule 32.9(c).

The issues that we must determine on appeal are

1) Whether the defendant was denied his 6th amendment right to confront witnesses against him;

2) Whether the burden-shifting instruction on the issue of malice constitutes fundamental error requiring…