Lawyer convicted of murder, then granted new trial, has conviction reinstated
In 2013, a Calfornia divorce lawyer was convicted of second-degree murder in the Arizona slaying of his stepdaughter’s husband.
Then, only a few months later, Robert Fischer had the rare experience of seeing his jury conviction reversed by the trial judge due to insufficient evidence.
Now Fischer has suffered another reversal of fortune: An Arizona appeals court last week reinstated his conviction in the Maricopa County case, the Associated Press reports.
In the opinion, the Arizona Court of Appeals says the trial court abused its discretion by failing to consider all the evidence when reversing the jury verdict.
At issue was whether the dead man was shot by Fischer or committed suicide, using the defendant’s gun, after a night of drinking, the court writes.
“The evidence in this case was circumstantial, and the evidence of the blood spatter experts conflicting. However, examining all the evidence in this case we conclude the jury properly weighed the evidence, and its verdict was not a miscarriage of justice.”
Defense lawyers said their client would likely appeal to the state supreme court, the AP reports.
Related coverage:
ABAJournal.com: “Divorce lawyer convicted in slaying of his stepdaughter’s husband”
ABAJournal.com: “Judge reverses divorce lawyer’s murder conviction in slaying of family member, says evidence lacking”
