Abstract
The Ninth Circuit, in Beam v. Paskett, found that a state supreme court's mandatory review of a death sentence creates a presumption that the state addressed unraised sentencing issues. This Note applies Beam's reasoning to Arizona's automatic review of death sentences under Arizona Criminal Rule of Procedure 31.2(b). The author concludes that, based on Arizona case law and public policy, those on Arizona's death row should be allowed to raise federal constitutional claims on federal habeas corpus appeal when their lawyers inadvertently fail to raise those claims before the Arizona state courts.
How to Cite
39 Ariz. L. Rev. 311 (1997)
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