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STATE v. NELSON

No. CR-09-0343-AP.

273 P.3d 632 (2012)

STATE of Arizona, Appellee, v. Brad Lee NELSON, Appellant.

Supreme Court of Arizona, En Banc.

April 12, 2012.

Attorney(s) appearing for the Case

Thomas C. Horne, Arizona Attorney General by Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation Section, Julie A. Done, Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

David Goldberg, Attorney at Law by David Goldberg, Fort Collins, CO, Attorney for Brad Lee Nelson.

OPINION

BRUTINEL, Justice.

¶ 1 In 2009, a jury found Brad Lee Nelson guilty of first-degree murder of his niece, Amber, and determined he should be sentenced to death. We have jurisdiction over this automatic appeal under Article 6, Section 5(3) of the Arizona Constitution and A.R.S. §§ 13-4031 and -4033(A)(1) (2010).1

I. FACTUAL AND PROCEDURAL BACKGROUND2

...

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