Cited by

Thus, the state may ‘rebut’ mitigation—that is, a conclusion that the defendant should be shown leniency—by introducing evidence of the ‘specific harm caused by the defendant.’” –29 ¶ 47 (2015) (internal citations omitted) ( ¶ 126 (2014)).

¶ 25 (2015) (quoting Sullivan v. Louisiana, 508 U.S. 275, 279 (1993)).

“In deciding whether error is harmless, the question ‘is not whether, in a trial that occurred without the error, a guilty verdict would surely have been rendered, but whether the guilty verdict actually rendered in this trial was surely unattributable to the error.’” (quoting Sullivan v. Louisiana, 508 U.S. 275, 279 (1993)).

401; (“The threshold for relevance is a low one.”).

The key inquiry in determining if an error is harmless is “whether the guilty verdict actually rendered in this trial was surely unattributable to the error.” ¶ 25 (2015) (quoting Sullivan v. Louisiana, 508 U.S. 275, 279 (1993)).

See, (in deciding harmlessness, question is whether guilty verdict actually rendered was surely unattributable to identified trial error).

(quoting Sullivan v. Louisiana, 508 U.S. 275, 279 (1993)).

¶ 9 (2015) (citing New York v. Quarles, 467 U.S. 649, 659 (1984)).

BLAIR/STATE Opinion of the Court ¶17 We have continually reaffirmed that “[t]he legislature has not provided for, and this Court has refused to allow, an affirmative defense of diminished capacity.” ¶ 20 (2015); 212–13 (1965) (considering and rejecting defense of diminished capacity and noting the legislature “has not recognized a disease or defect of mind in which volition does not exist .

“A declaration of a mistrial is the most dramatic remedy for trial error and should be granted only when it appears that justice will be thwarted unless the jury is discharged and a new trial granted.” ¶ 33 (2015) (citation omitted).

“The killing of a child satisfies the senselessness and helplessness factors.” ¶ 36 (2015).

¶ 58 (2015) ( ¶¶ 2, 5 (App. 2009)).

to kill himself.” ¶ 21 (2015) (“‘[C]apacity evidence’ which concerns a defendant’s ‘capacity to form mens rea,’ .

“The threshold for relevance is a low one.” ¶ 48 (2015) (quoting Roque, 213 Ariz. at 221 ¶ 109).