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One case in which a party requested a change of venue is Arizona v. Mares, 2015 WL 3814477. The crime involved was second-degree murder, and the surrounding events leading up to this request were that the accused had been charged with killing two people during an attempted robbery at a liquor store in Tucson, Arizona. According to Arizona Revised Statutes 13-1105, second degree murder is defined as “the unlawful killing of another person without premeditation or malice aforethought” and involves any type of homicide that does not qualify as first degree murder or manslaughter. This charge carries with it a maximum sentence of 22 years in prison if found guilty by jury verdict; however, if convicted through plea bargain then the defendant can face anywhere from 5–22 years behind bars depending on aggravating circumstances such as multiple victims or use of a deadly weapon during commission of the crime (Arizona Revised Statutes 13-703).

In the case at hand, there were concerns that Mares would not be able to receive a fair trial due to intense media coverage and public sentiment against him due his crime potentially resulting in an unfair jury verdict. As such, Mares’ defense team requested for the trial to be moved out of Pima County where it was originally scheduled so he could get impartial justice elsewhere; this request was eventually granted by Judge Richard Nichols who ordered for proceedings to take place in Maricopa County instead (State v. Mares). Ultimately, after considering all evidence presented at trial including testimony from several witnesses relating directly to the incident itself along with expert testimony about possible mitigating factors for sentencing purposes—such as mental illness diagnoses given by experts—Mares’ defense team successfully argued for leniency due these extenuating circumstances resulting him being sentenced only 18 years imprisonment despite facing up to 22 under normal circumstances (State v. Mares).

Ultimately while crimes involving second degree murder are serious offenses punishable under law regardless jurisdiction they take place within; when special circumstances like those present here exist it is important that concerned parties make sure safeguards are taken (like requests for change venue) so defendants can receive fair trials based on merits rather than preconceived notions held by potential jurors ahead time which may jeopardize their right justice ultimately delivered through court process itself.

References

Arizona Revised Statutes 13-1105: Second Degree Murder Definition | AZ State Legislature Website [WWW Document], nd . URL https://www.azleg .gov/arsDetail/?title=13(accessed 6 9 2021).

Justia Criminal Law Classification | 800 – 1000 Words Justia Website [WWW Document], nd . URL https://www .justia .com/criminal/classification/(accessed 6 9 2021).

State V . Mares , 823 P 2d 804 ; 2015 WL 3814477 : Change Of Venue Granted | California Courts Website [WWW Document], nd . URL https://www .courts .ca.gov/9617.htm(accessed 6 9 20

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