State of Arizona, Appellee v. Jason Eugene Bush, Appellant. — Winthrop, J., Concurring in Part and Dissenting in Part

Summary

Judge Winthrop concurred in the majority's resolution of the procedural and substantive issues but dissented from imposing the death penalty. She would have held under the Arizona Constitution that the death penalty is cruel and unusual because its administration is inherently cruel, arbitrary, racially and geographically disparate, weakly supported as a deterrent, and excessively costly. Judge Winthrop also identified possible additional constitutional concerns involving Arizona's narrowing requirement and the burdens imposed on victims' families.