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Ariz. Court to Review Death Penalty Cases
By Associated Press
Published: 04/04/2003

The Arizona Supreme Court ordered new sentences for three death-row inmates Thursday, hours after it said it planned to review the death sentences of 27 inmates to determine whether the men should be resentenced.
All 27 inmates had wanted their convictions and sentences thrown out because of a U.S. Supreme Court's ruling last year. That ruling found Arizona's old death sentencing law unconstitutional because judges, not jurors, decided facts that could lead to a death sentence.
However, the state's high court refused to issue a blanket order for new sentences, saying the trials were fundamentally fair and that the U.S. Supreme Court's ruling didn't require throwing out all the sentences. But it said the court must now review each remaining case to determine whether individual circumstances require resentencings.
Prosecutors have argued it was a 'harmless error' that juries did not decide aggravating factors in the cases.
In response to the Supreme Court ruling, the Arizona Legislature last summer rewrote the death penalty sentencing law to have juries decide both the facts that should be considered and the actual sentence.
Among the 27 inmates under review were Aaron Hoskins, James Harrod and Darrell Pandeli. The court ordered new sentences for all three Thursday, saying it could not conclude beyond a reasonable doubt that juries would have imposed death sentences for the men.



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