Cited by
Opinions in Arizona that cite State v. Brookover, 601 P.2d 1322.
- State v. Munninger 104 P.3d 204 Ariz. Ct. App. Div. 1 2005
- State v. Munninger 104 P.3d 204 Ariz. Ct. App. Div. 1 2005
- State v. Clabourne 983 P.2d 748 Ariz. 1999
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State v. Clabourne
983 P.2d 748
Ariz. 1999
” , (when voices told defendant to kill he could not control what he was doing) (emphasis added); , 608 n. 12, , 892 n. 12 (1993) (“[E]videnee of causation is required before mental impairment can be considered a significant mitigating factor.”)
- State v. Soto-Fong 928 P.2d 610 Ariz. 1996
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State v. Soto-Fong
928 P.2d 610
Ariz. 1996
tim in the throat); , (finding gratuitous violence where defendant shot the female victim twice in the chest, dragged her to another room, shot her three more times, then shot his male victim three times, shooting him once in the back after he fell and kicking him in the face repeatedly after he was unconscious or dead); -41 , -25 (1979) (holding that shooting the victim twice in the back was not particularly cruel or depraved); , cert.
- State v. Stuard 863 P.2d 881 Ariz. 1993
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State v. Stuard
863 P.2d 881
Ariz. 1993
See, -60 , -01 (1990); Mauro, 159 Ariz. at 207-08 , 766 P.2d at 80-81
- State v. Salazar 844 P.2d 566 Ariz. 1992
- State v. Rossi 830 P.2d 797 Ariz. 1992
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State v. Rossi
830 P.2d 797
Ariz. 1992
(defendant suffered from a mental disease caused by a chemical disorder in the brain); , (defendant ingested large quantities of drugs and alcohol up to forty-five minutes before the murder); , (defendant had been taking prescription drugs since age seven); , (defendant suffered from a brain lesion); , (court found defendant’s mental illness was a substantial factor in causing the murder).
- State v. Brewer 826 P.2d 783 Ariz. 1992
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State v. Brewer
826 P.2d 783
Ariz. 1992
v. Jimenez, -59 , -800 (1990) (schizotypal psychotic illness, command hallucinations and voices, borderline intelligence); , (chemical disorder in the brain); , (valium intoxication, neurological problems, and brain damage); , (“prenatal neurological lesion” that disrupted the integration and storage of information).
- State v. Lavers 814 P.2d 333 Ariz. 1991
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State v. Lavers
814 P.2d 333
Ariz. 1991
Although we agree with defendant that it is not incongruous that a mental disorder that causes a murder can also require leniency, see, , (holding that leniency is required when defendant’s neurological lesion was “a major and contributing cause of his conduct”); , (holding that leniency is appropriate when defendant’s mental condition was “a substantial factor
- State v. White 815 P.2d 869 Ariz. 1991
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State v. White
815 P.2d 869
Ariz. 1991
Defendant argues that, , Brookover’s death sentence was reduced to life imprisonment even though Brookover “cold-bloodedly killed a person.” Defendant then suggests that “his conduct is far less egregious than Brookover’s and that his mitigating circumstances far outweigh Brookover’s.” We disagree.
- State v. Jimenez 799 P.2d 785 Ariz. 1990
- State v. Jimenez 799 P.2d 785 Ariz. 1990
- State v. Comer 799 P.2d 333 Ariz. 1990
- State v. Comer 799 P.2d 333 Ariz. 1990
- State v. Fulminante 778 P.2d 602 Ariz. 1989
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State v. Fulminante
778 P.2d 602
Ariz. 1989
e to drug addiction, neurological problems, and brain damage; vulnerability to influence; lack of prior record of violence); , (youth of defendant); , (change of character and goals while in prison; youth of defendant; murder occurred as a result of shootout begun by victim); , (substantial mental impairment due to brain lesion).
- State v. Walton 769 P.2d 1017 Ariz. 1989
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State v. Walton
769 P.2d 1017
Ariz. 1989
213 , 66 L.Ed.2d 93 (1980)
- State v. Mauro 766 P.2d 59 Ariz. 1988
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State v. Mauro
766 P.2d 59
Ariz. 1988
State v. Fulminante, CR-86-0053-AP (Ariz.1988)
- State v. Stevens 764 P.2d 724 Ariz. 1988
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State v. Stevens
764 P.2d 724
Ariz. 1988
during a drug transaction, the defendant Brookover went to the bedroom, pulled out a gun and told one of the participants that there would be no money, that he was going to take the marijuana.
- State v. McMurtrey 726 P.2d 202 Ariz. 1986
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State v. McMurtrey
726 P.2d 202
Ariz. 1986
See State v. Doss, supra, (lowered to life imprisonment “where defendant’s mental condition was a substantial factor in causing death of victim”); , (“defendant’s mental condition was ...
- State v. Castaneda 724 P.2d 1 Ariz. 1986
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State v. Castaneda
724 P.2d 1
Ariz. 1986
drug addiction, neurological problems and brain damage; vulnerability to influence; lack of prior record of violence); State v. Valen *396 cia, , (youth of defendant); , (change of character and goals while in prison; youth of defendant; murder occurred as a result of shootout begun by victim); , (substantial mental impairment due to brain lesion).
- State v. Johnson 710 P.2d 1050 Ariz. 1985
- State v. Johnson 710 P.2d 1050 Ariz. 1985
- State v. Smith 707 P.2d 289 Ariz. 1985
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State v. Smith
707 P.2d 289
Ariz. 1985
We have stated that, to meet this description, the murder must have been committed in such a way as to “set [defendant’s] acts apart from the norm of first degree murder.”
- State v. Gerlaugh 698 P.2d 694 Ariz. 1985
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State v. Gerlaugh
698 P.2d 694
Ariz. 1985
-42 , -26 (1979) (physiologically caused character disorder is sufficiently substantial to warrant leniency).
- State v. Chaney 686 P.2d 1265 Ariz. 1984
- State v. Chaney 686 P.2d 1265 Ariz. 1984
- State v. Summerlin 675 P.2d 686 Ariz. 1983
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State v. Summerlin
675 P.2d 686
Ariz. 1983
(victim’s death not committed in heinous, cruel or depraved manner, so no aggravating circumstance found); , (death penalty reduced to life imprisonment due to mitigating circumstance).
- State v. McCall 677 P.2d 920 Ariz. 1983
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State v. McCall
677 P.2d 920
Ariz. 1983
(young age of defendant, the findings that defendant had been a model prisoner and was furthering his education in prison, and the fact that the killing had occurred during a shootout in which the victim fired first outweighed finding of prior conviction punishable by life imprisonment and involving the use or threat of force); , (finding of defendant’s diminished capacity to appreciate wrongfulness of his conduct outweighed finding of prior conviction punishable by life imprisonment).
- State v. Lambright 673 P.2d 1 Ariz. 1983
- State v. Smith 673 P.2d 17 Ariz. 1983
- State v. Smith 673 P.2d 17 Ariz. 1983
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State v. Lambright
673 P.2d 1
Ariz. 1983
or record of violence); , (extreme youth of defendant — sixteen years old at the time of his crime); , (convincing evidence of change of defendant’s character and goals while in prison; youth of defendant; murder occurred as the result of a shootout begun by robbery victim); , (substantial mental impairment due to brain lesion).
- State v. Richmond 666 P.2d 57 Ariz. 1983