Because other witnesses presented direct testimony on the same issue, we conclude Defendant was not prejudiced. 63. See id. Defendant preserved this claim by his continuing objection at trial, so we must consider the effect of its admission. On appeal, counsel must clearly identify the objectionable portions of testimony and the specific basis for each claimed error. Joseph Rudolph Wood III was an American convicted murderer executed on July 23, 2014, at Florence State Prison in Arizona, with a two-hour lethal injection procedure that was described as "botched". Subsequently, the trial court continued the trial at the parties' mutual request due to scheduling conflicts. This page was last edited on 22 January 2023, at 23:16. FN1. A: Yes. 31.13(c)(1)(iv). See State v. Milke, 177 Ariz. 118, 129, 865 P.2d 779, 790 (1993) (noting that reviewing courts should not address issues that are unnecessary to disposition of an appeal). The trial court specifically declined to find as an aggravating circumstance that Defendant murdered the victims in an especially heinous, cruel or depraved manner. See A.R.S. Correll v. Ryan, 539 F.3d 938, 951 (9th Cir.2008). The face slackens, the mouth gapes. Q. (7) petitioner was not entitled to evidentiary hearing on federal habeas review. Either direct or circumstantial evidence may prove premeditation. The statement that Defendant had threatened Debra does not reflect Debra's state of mind but rather appears to be a statement of memory or belief to prove the fact remembered or believed. Ariz.R.Evid. Quit asking her about his mental state. Recklessly causing the death of another person; or His spokeswoman, Stephanie Grisham, disputed that Wood snorted or gasped for air. Nothing in the record substantiates this claim, however, other than his father's alcoholism and his family's periodic moves due to military transfers. Defense Counsel: Lamar Couser Hess said he will certify the outcome of Woods' execution as death by intoxication from the two execution drugs the sedative midazolam and the painkiller hydromorphone if there is nothing unusual about whatever drugs are detected in Wood's system. Defendant intentionally murdered both victims in cold blood, drawing his gun and shooting in a confined area where he knew others were present. The U.S. District and Circuit Courts in Washington, D.C., later determined federal law had been violated, which the Arizona Attorney General's Office denies. See State v. Milke, 177 Ariz. 118, 129, 865 P.2d 779, 790 (1993) (noting that reviewing courts should not address issues that are unnecessary to disposition of an appeal). 13703(G)(1). (Habeas) Without reaching the issue of admissibility of expert testimony based upon the results of hypnotic or amobarbital examination of a subject, we conclude the prosecutor acted within the wide latitude permitted on cross-examination. A transcript of an emergency court hearing released Thursday amid debate over whether the execution was botched reveals the behind-the-scenes drama and early questions about whether something was going wrong. With hypnosis, you place them under hypnosis in order to find out what the truth of the matter was? This list of permissible purposes is merely illustrative, not exclusive. Executions carried out with midazolam in Florida, Ohio and Oklahoma suggested that the drug worked less quickly and less efficiently in putting people to death than thiopental or pentobarbital. 2012). Wood argues that the prosecutor committed misconduct by asking the following questions about an incident at Ms. Dietz's apartment: A: Yes. Although we have previously rejected a similar claim, see State v. Wussler, 139 Ariz. 428, 42930, 679 P.2d 74, 7576 (1984), we need not address it here.FN10 The record reveals that the trial court refused the state's request to give such an instruction. 1994). 3. 2052. The viewing room is 15 feet by 12 feet, painted in calming tones of blue, with three rows of risers that climb from the big window that looks into the lethal-injection chamber in front to the bay windows of the gas chamber behind. There was no fundamental error. But it should sure as hell cause us to bring a moratorium to it and take a sincere look at what we're doing." 1868, 40 L.Ed.2d 431 (1974)). The Supreme Court, Feldman, C.J., held that: (1) defendant's prior physical abuse of and threats against victim were relevant to show state of mind and were properly admitted; (2) hearsay statements about victim's fear and desire to end relationship with defendant were admissible to explain defendant's motive under exception to hearsay for then existing state of mind, emotion, or intent; (3) error in admitting neighbor's testimony that victim had told her that defendant had threatened her life was harmless; (4) evidence was sufficient to support aggravated assault conviction; and (5) aggravating circumstances outweighed mitigating circumstances requiring imposition of death penalty. FN9 Because defense counsel made no trial objection, again we review these claims only for fundamental error. (6) petitioner did not receive ineffective assistance of counsel; and When the police officer saw this from her patrol car she immediately called for more officers. The Arizona Supreme Court denied this claim on direct review. On appeal, Defendant urges for the first time that his due process and equal protection rights were violated when the victims' family allegedly vetoed a plea bargain in which the state would not seek the death penalty in exchange for a guilty plea to all counts. BYBEE, Circuit Judge, dissenting: See State v. Caez, Ariz.Sup.Ct. Moreover, there was other compelling evidence of Defendant's ill temper, much of it introduced by Defendant himself on the issue of impulsivity. June 17, 2014), and a recent decision of the Georgia Supreme Court, Owens v. Hill, 758 S.E.2d 794 (Ga.2014). They don't look like much. The first glimpse was from above, framed by two closed-circuit TVs. On cross-examination, however, the prosecutor simply asked Dr. Allender to elaborate on the reports he first mentioned on direct examination. An Ohio inmate gasped in similar fashion for nearly 30 minutes in January. He requested similar information concerning the Pentobarbital protocol and also asked how long the Department would plan to look for that drug. This testimony did not conflict with Wood's impulsivity theory and did not deprive Wood of a fair trial. Executed: 07/23/2014, Sentence County Court Cause# Offense Date Crime, DEATH PIMA 0028449 08/07/1989 MURDER 1ST DEGREE; DANGER I respectfully dissent. Defendant urges that the trial court erred in not finding his capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirement of the law was significantly impaired, but not so impaired as to constitute a defense to prosecution. A.R.S. Each of these evaluations discussed Wood's personal history of alcohol abuse, his suicide attempts, and his head injuries. Stanley, 633 F.3d at 860. 39(b)(7). Q. Petitioner appealed. State v. Cornell, 179 Ariz. 314, 329, 878 P.2d 1352, 1367 (1994). 1843, 152 L.Ed.2d 914 (2002). Joseph Wood shot and killed his estranged girlfriend, Debra Dietz, and her father, Eugene Dietz, on August 7, 1989 at a Tucson automotive paint and body shop owned and operated by the Dietz family. On habeas review, constitutional errors of the trial type, including prosecutorial misconduct, warrant relief only if they had substantial and injurious effect or influence in determining the jury's verdict. Brecht v. Abrahamson, 507 U.S. 619, 63738, 113 S.Ct. The prosecutor did not commit prejudicial misconduct by cross-examining Mona Donovan, a mutual friend of Wood and Ms. Dietz, about Wood's mental state. See Rossi, 154 Ariz. at 251, 741 P.2d at 1229 (commenting on the significance of psychological evaluations based on interviews long after commission of crime). Defendant left the shop, but quickly returned and again pointed his revolver at the now supine Eugene. 31. 1246, 113 L.Ed.2d 302 (1991).FN5 Contrary to Defendant's assertion, State v. Charo, 156 Ariz. 561, 754 P.2d 288 (1988), and State v. Christensen, 129 Ariz. 32, 628 P.2d 580 (1981), are consistent with this general rule. Troy Hayden, a media witness from KSAZ, told reporters . But Wood was abusive, and after Dietz moved out of the apartment, he stalked her. West, 176 Ariz. at 445, 862 P.2d at 204. Not all 60 Minutes fans are empathetic in consideringWoods excruciating struggle. State v. Rossi, 154 Ariz. 245, 251, 741 P.2d 1223, 1229 (1987). Defendant admitted, however, that he had used no drugs for three days prior to the murders and had consumed only two alcoholic drinks over twelve hours before the murders. In 1996, Wood filed a state petition for post-conviction review (PCR). State v. Hunter, 136 Ariz. 45, 48, 664 P.2d 195, 198 (1983). Yes. Defendant disliked Eugene and told him he would get him back and that Eugene would be sorry. Four minutes into the procedure, the doctor appeared on the other side of the window. Publication date 2017-09-18 Usage Public Domain Mark 1.0 Topics ( David Wood) Famous Last Words Of Jesus, Muhammad, And Nabeel Qureshi Language English ( David Wood) Famous Last Words Of Jesus, Muhammad, And Nabeel Qureshi Addeddate 2019-12-05 00:33:19 This testimony was hearsay and should not have been admitted. A. I didn't because I'm not as convinced about those techniques as Dr. Morris. First, before examining Defendant but after studying prior evaluations and records, Dr. Breslow stated in a letter to defense counsel that Defendant's drug and alcohol use was not of an early enough onset and chronicity to result in significant impairment in impulse control or other maturation affecting the ability to process feelings and behavior. This information may have prompted Defendant to modify his responses in his subsequent interview with Dr. Breslow. Answer, to get some of his possessions, to avenge some of his anger by breaking possessions of [Ms. Dietz's]. Reversed. The court also independently reviewed the evidence of aggravating and mitigating circumstances and determined that the trial court correctly concluded that the aggravating circumstances outweighed the mitigating circumstances, thereby supporting the imposition of the death penalty. A. We thus review the record to determine whether the factor applies beyond a reasonable doubt to any of those persons. 13703(F)(8) and (F)(3). The jury could have concluded the officers must have acted with apprehension or fear when they used deadly force against Defendant. As previously noted, these claims are better left to Rule 32 proceedings. Defendant alleges that the trial court improperly admitted testimony from various witnesses, violating his confrontation and due process rights. He merely testified that he was not certain if Wood had planned the shootings. Baich responded on May 9. He checked Wood's eyes and pulse and then said over the microphone, "It is confirmed that he is sedated." The police officers knew that at least one victim had been shot and that other shots had been fired. (5) petitioner did not fairly present claims of prosecutorial misconduct to state supreme court; In the following weeks, however, Wood repeatedly tried to contact Debra at the shop, her parents' home, and her apartment. 509. See Fulminante, 161 Ariz. at 251, 778 P.2d at 616. The state claims Defendant made a tactical decision not to object to the testimony because it tended to show Defendant's impulsivity. It was death by apnea. In this case, the family has already put the quietus on any plea negotiations. To be guilty of aggravated assault, the defendant need only intentionally act using a deadly weapon or dangerous instrument so that the victim is placed in reasonable apprehension of imminent physical injury. Id. Executed: July 23, 2014 Wood chose not to have a special "last meal" Tuesday night, instead eating the sausage and mashed potatoes that the rest of the prisoners were served. Defendant alleges that the trial court improperly admitted testimony concerning his alleged violent acts against Debra in violation of Ariz.R.Evid. Because the trial court is in the best position to judge the admissibility of proffered testimony, we review most evidentiary claims on a discretionary standard. (7) petitioner was not entitled to evidentiary hearing on federal habeas review. We affirm the district court's dismissal of this claim because it was not fairly presented to the state courts. The truck owner knocked on Defendant's door and asked him to move his motorcycle. I'm going to take you with me. Q: Well, when you say the word avenge, what do you mean by the word avenge? Wood argues that his counsel failed to properly marshal evidence of Wood's personality changes following head injuries and his social background, including his alcoholism and mental illness. The Arizona Supreme Court denied this claim on direct review. 276; Picard, 404 U.S. at 27578, 92 S.Ct. The death was called at 3:49. The record indicates that counsel adequately prepared Dr. Allender for his testimony. Davis v. Silva, 511 F.3d 1005, 1009 (9th Cir.2008); see also Anderson v. Harless, 459 U.S. 4, 6, 103 S.Ct. The victims' family members said the media were wrong to focus on the execution method rather than on the victims. The appropriate standard of review for such a claim on writ of habeas corpus is the narrow one of due process, and not the broad exercise of supervisory power. Id. waited for her father, Gene Deitz, to hang up the phone, then shot him in the chest with a .38 caliber revolver, killing him. But to the extent Wood argues this merits reversal, it is not the province of a federal habeas court to reexamine state-court determinations on state-law questions. Estelle v. McGuire, 502 U.S. 62, 6768, 112 S.Ct. Eric John King African American 47 M 29-Mar-2011 Lethal injection Ron Barman and Richard Butts Instead, it took one hour 57 minutes for Wood to eventually die. Since 1984, Defendant and Debra had maintained a tumultuous relationship increasingly marred by Defendant's abusive and violent behavior. "Execution of Arizona murderer takes nearly 2 hours," by Bob Ortega, Michael Kiefer and Mariana Dale. Such evidence tends to show the malice, motive or premeditation of the accused. Id. "Americans have had enough of the barbarism," she said. The other employees shouted for Wood to put the gun away. Defendant appealed. 705. Id. Error is only fundamental if it goes to the essence of a case, denies the defendant a right essential to a defense, or is of such magnitude that the defendant could not have received a fair trial. When the police officer saw this from her patrol car she immediately called for more officers. Cf. The state appealed to the U.S. Supreme Court, which lifted the stay without addressing the First Amendment issue. Wood chose not to have a special "last meal" Tuesday night, instead eating the sausage and mashed potatoes that the rest of the prisoners were served. (quoting Donnelly, 416 U.S. at 642, 94 S.Ct. Thomas Arnold Kemp 25-Apr-2012 Lethal injection Hector Juarez Witnesses were told when the stay was issued to return by 1 p.m. 30. An hour into Joseph Woods execution, as the condemned prisoner gasped for air and struggled to breathe, Woods attorneys were filing motions in federal district court and the state supreme court in an attempt to get an order to resuscitate the death-row inmate as he lay on the gurney. Woods lethal injection, almost two hours long, is the third execution this year widely considered botched, raising new questions surrounding the efficacy of the method as state officials once again pledge an investigation into why it went awry. 21. "Dictionary." 2. However, a general allegation that a prosecutor engaged in pervasive misconduct is not sufficient to alert a state court to separate specific instances of purported misconduct. She left her apartment and moved in with her parents, saying I don't want any more of this. After Debra left, Defendant ransacked and vandalized the apartment. The family of Debra and Eugene Dietz, whom Wood brutally shot and killed at a Tucson autobody shop in 1989, followed. He also asked for copies of the actual documents in the Ohio litigation upon which the Department relied in devising its new protocol. Defendant next claims that his own statements were hearsay and improperly admitted. At 8:50 a.m., a Tucson Police officer saw Defendant driving in a suspicious manner near the shop. Our duty is to ensure that Arizona's capital sentencing scheme genuinely narrow[s] the class of persons eligible for the death penalty. Arave v. Creech, 507 U.S. 463, , 113 S.Ct. Why didn't we give him Drano?". State v. White, 168 Ariz. 500, 508, 815 P.2d 869, 877 (1991), cert. The trial court correctly concluded the aggravating circumstances outweigh the mitigating circumstances. Jeanne Brown, Debbie's sister, said: "What I saw today with him being executed, it is nothing compared to what happened on August 7, 1989. Affirmed. Even if there were a First Amendment right of access, Wood would have no more right to the information than any other member of the public. As noted, Defendant was not under the influence of any intoxicating substance at the time of the murders. Baldwin v. Reese, 541 U.S. 27, 32, 124 S.Ct. 199, 78 L.Ed.2d 174 (1983), rev'd on other grounds, Jeffers v. Ricketts, 832 F.2d 476, 48081 (9th Cir.1987); Morris K. Udall et al., Arizona PracticeLaw of Evidence 84, at 179 n. 6 (3d ed. "I take comfort knowing today my pain stops, and I said a prayer that on this or any other day you may find peace in all of your hearts, and may God forgive you all." And when the doctor came in to check on his consciousness and turned on the microphone to announce that Wood was still sedated, we could hear the sound he was making: a snoring, sucking, similar to when a swimming-pool filter starts taking in air, a louder noise than I can imitate, though I have tried. He earned a bachelor's degree from Iowa State University in 1987 and a graduate degree from Ecclesia College in 2016. . Debra's statements were not offered to prove any fact. The condemned person usually wears an expression of dumbfounded embarrassment and stares absurdly at the ceiling. 2078, 2081, 124 L.Ed.2d 182 (1993) (error is only harmless if guilty verdict was surely unattributable to the error). (July 24, 2014) At trial, Wood conceded his role in the killings, but argued that they were impulsive acts that were not premeditated. "Balance is the key to everything. We thus review the record to determine whether the factor applies beyond a reasonable doubt to any of those persons.
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