State v. Fisher

OPINION

MOELLER, Vice Chief Justice.

STATEMENT OF THE CASE

Defendant James Fisher was convicted of first degree murder and sentenced to death in 1982. This court affirmed the conviction and sentence in State v. Fisher, 141 Ariz. 227, 686 P.2d 750 (1984) (Fisher I). Defendant then moved for a new trial based on newly discovered evidence — a confession by defendant’s wife, Ann Fisher. The trial court denied this motion. Defendant then filed a petition for post-conviction relief, which the trial court also denied. On review of the post-conviction relief proceedings, this court held that defendant…