snipped: The documents received by Orange-Osceola Chief Judge Belvin Perry's office Friday reiterate earlier arguments about the constitutionality of three aggravating circumstances that prosecutors want to use to win a death sentence.
One speaks about a capital felony — the murder — being committed while Anthony engaged in another felony, in this case aggravated child abuse.
The defense argues that when examining if an aggravator might be overbroad, "the Court looks to whether there is a risk that the statute will result in capricious or arbitrary imposition of death."
The legal team goes on to say this particular aggravator "fails to narrow the class of death eligible persons in a meaningful way, and thereby allows arbitrary and capricious application of the death penalty."
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