State of Arizona, Appellee v. John Vincent Fitzgerald, Appellant

Summary

The court affirmed Fitzgerald’s convictions and sentences, including the death sentence. It held that a capital defendant must move for a new trial within ten days after the verdict in the specific phase being challenged, that Fitzgerald knowingly and voluntarily waived his presence during portions of the second penalty phase, and that he waived his self-incrimination protection as to mental-health evidence by presenting mental-impairment mitigation. The court also found sufficient support for the aggravating circumstances and death sentence.