State of Arizona v. Jasper Phillip Rushing

Summary

The court affirmed Rushing’s first-degree murder conviction but vacated his death sentence because the jury was not told that he was ineligible for parole when future dangerousness was placed at issue. It held that the erroneously admitted custodial statement did not cause fundamental or prejudicial error, the murder-scene and autopsy photographs were properly admitted, and sufficient evidence supported the heinous-or-depraved aggravator. The court remanded for a new penalty phase and addressed several issues likely to arise there.