State v. McLoughlin

GORDON, Vice Chief Justice:

Appellant stands convicted of first degree murder, A.R.S. § 13-1105, and first degree burglary, A.R.S. § 13-1508. The trial court sentenced him to death for the murder and to ten years imprisonment for the burglary. We have jurisdiction pursuant to Ariz. Const. Art. 6, § 5(3) and A.R.S. § 13-4031. Because of jury misconduct, we reverse the conviction and sentences and remand for a new trial. Other issues likely to recur on retrial are also addressed.

The charges are premised on a felony murder at a liquor store in Scottsdale, Arizona. One night, Edgar Kuykendall came…