PHOENIX — A judge has rejected a challenge to Arizona's death penalty law, setting the stage for a likely appeal.
Judge Joseph Kraemer of Maricopa County Superior Court on Friday denied a motion filed on behalf of 29 murder defendants.
The defendants' lawyers contend that the death penalty law is unconstitutionally arbitrary because a death sentence could be sought in nearly all cases.
At issue are the law's 14 possible circumstances when the death penalty could apply.
Defense lawyers say prosecutors have too much leeway in picking cases to seek the death penalty.
A prosecutor argued that not all homicide cases are charged as first-degree murder.
The Arizona Republic reports that Kraemer said he's troubled by the current law but said it has been upheld by the Arizona Supreme Court.
