State v. McMurtrey

CAMERON, Justice.

This is an appeal from the reimposition of the death penalty on the defendant, Jasper Newton McMurtrey III, for his two first-degree murder convictions. A.R.S. §§ 13-703,-1105. We have jurisdiction pursuant to art. 6, § 5(3) of the Arizona Constitution and A.R.S. §§ 13-4031,-4035.

The issues that must be decided are:

1. Was the trial judge so prejudiced, from having sentenced defendant to death twice before, that he could not fairly conduct a third sentencing?

2. Was the death penalty properly imposed?

3. Is imposition of the death penalty, in this case, cruel and unusual…