2254(d)). Opposition to Motion to Continue Trial, filed Nov. 19, 1990, at 2. Joseph Wood was born in Chicago, Illinois. Or someone to stop it. On cross-examination, the prosecutor probed Dr. Allender's understanding of Wood's alleged memory loss. Defendant offered no evidence that he did not appreciate the wrongfulness of his conduct, and we have found none in the record. The prosecution theorized that Defendant was motivated by anger or spite engendered by Debra's termination of the relationship.FN6 Debra's statements were relevant because they showed her intent to end the relationship, which in turn provided a plausible motive for premeditated murder. The district court properly concluded that the PCR court reasonably denied Wood's ineffective assistance of counsel claim that his counsel failed to prepare him for his pre-sentence interview. Correll v. Ryan, 539 F.3d 938, 951 (9th Cir.2008). Wood also argues that his counsel never requested or acquired an in depth neurological evaluation. Appeal to this court from the death sentences is automatic. State v. Nash, 143 Ariz. 392, 405, 694 P.2d 222, 235, cert. The district court did not err in denying Wood's claim that his counsel failed to effectively assist him at sentencing. Hair Color:Brown To establish a fundamental miscarriage of justice, Wood must show that a constitutional violation has probably resulted in the conviction of one who is actually innocent. Schlup v. Delo, 513 U.S. 298, 327, 115 S.Ct. Ryan said in a statement that apart from snoring, Wood "did not grimace or make any further movement." Both times, witnesses said that the condemned prisoners appeared to gasp for breath and took longer to die than with the barbiturates that were used until they became unavailable. This appeal followed. Wood's counsel's investigation and preparation of Wood's mental health defense was not constitutionally ineffective. The district court properly rejected Wood's claims that his trial counsel was constitutionally ineffective for failing to object to the alleged incidents of prosecutorial misconduct. A Pima County jury convicted Joseph Rudolph Wood, III (Defendant) of two counts of first degree murder and two counts of aggravated assault. In light of this evidence, Wood has not demonstrated a reasonable probability that the result of the trial would have been different had defense counsel objected to the alleged instances of prosecutorial misconduct. After going through prison security, and waiting for hours because of a last-minute appeal to the Arizona supreme court, prison staff escorted us just a handful of witnesses across the vast yard and into the small place where a killer was about to be killed. FN5. D * * * It argued that Wood had ineffective assistance of counsel during his trial, and also challenged Arizona's lethal-injection protocol and the drug cocktail used in executions. Some have turned to compounding pharmacies to custom-make pentobarbital; others have turned to midazolam, a drug related to Valium. Wood contends the prosecutor committed misconduct by asking Ms. Donovan to speculate about Wood's mental state after the trial judge ruled that the question was improper. "This man conducted a horrific murder and you guys are going, 'let's worry about the drugs,'" said Richard Brown, the brother-in-law of Debbie Dietz. "This man conducted a horrific murder and you guys are going, 'let's worry about the drugs,'" said Richard Brown, the brother-in-law of Debbie Dietz. Thus, counsel developed and presented this mitigating evidence in detail and the PCR court reasonably rejected Wood's claim. Q: So you didn't, did you attempt, did you request a hypnosis evaluation? The state urges also that the A.R.S. But it should sure as hell cause us to bring a moratorium to it and take a sincere look at what we're doing.". Defendant left ten messages on Debra's apartment answering machine on the night of Friday, August 4, 1989. Arizona Department of Corrections The United States Supreme Court denied certiorari, Wood v. Arizona, 515 U.S. 1147, 115 S.Ct. The victims' family members said the media were wrong to focus on the execution method rather than on the victims. I later learned they had filed motions to try to get the execution stopped. The district court did not err in denying Wood's claim that his counsel failed to effectively assist him at sentencing. Gustav Mahler. A lawyer for the state, Jeffrey A. Zick, assured Wake that Wood was comatose and not feeling pain. For this mitigating circumstance to apply, one person must coerce or induce another person to do something against his will. State v. Castaeda, 150 Ariz. 382, 394, 724 P.2d 1, 13 (1986). Kevin Swaney CV98053TUCJMR, 2007 WL 3124451, at *46 (D.Ariz. 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. "In most respects, what Mr. Wood is asking for is quite small," said Megan McCracken, a former federal defender who works with the University of California-Berkeley Death Penalty Clinic. His last word? Affirmed. After Wood placed the weapon on the ground, he reached down and picked it up, and pointed it at the officers. The district court concluded that Wood may have diligently attempted to develop the factual basis for his claims, but the district court still denied these requests under 28 U.S.C. [The Court]: Maybe if you ask He gulped like a fish on land. However, the PCR court found that Wood's counsel requested a brain mapping test, on Dr. Breslow's recommendation, although that request was denied by the trial court. Because they are fact-intensive and often involve matters of trial tactics and strategy, trial courts are far better-situated to address these issues. Q. Woods execution appeared to be eerily similar to that of Dennis McGuire, a convicted murderer who was executed in Ohio with the same drug combination used in Arizona. State v. Christensen, 129 Ariz. 32, 36, 628 P.2d 580, 584 (1981). R.T., Feb. 22, 1991, at 16061. We stress that this court cannot and does not determine an error is harmless merely because the record contains sufficient untainted evidence. One thing is certain, however, inmate Wood died in a lawful manner and by eyewitness and medical accounts he did not suffer, Brewer said in a statement. Wood then hunted down Debra Dietz and shot her twice in the chest. The public should hold its officials responsible." Joseph Wood was executed by lethal injection at Florence State Prison in Arizona on July 23, 2014. After again ordering Defendant to raise his hands, the officers shot Defendant several times. Joseph Rudolph Wood was strapped to a gurney in an orange jumpsuit as prison medical staff prepared to set intravenous lines in his arms. 11. Hess' preliminary findings were reported previously by the Arizona Capitol Times (http://bit.ly/1thLaFe ). Id. Order Re: Procedural Status of Claims, Wood v. Schriro, No. "Instead of ensuring that a similar outcome was avoided here, our state officials cloaked the plans for Mr. Wood's death in secrecy." 5. "He went to sleep and appeared to be snoring," she said. 23. 475, 116 L.Ed.2d 385 (1991). Meanwhile, Debbie's brother-in-law Richard Brown added: "I saw the life go out of my sister-in-law's eyes.You guys are blowing it all out of proportion about thesedrugs. Q. Drug shortages prompted by Europe-led sales bans mean that many states have . 31. denied, 511 U.S. 1063, 114 S.Ct. During these examinations, Dr. Allender administered several psychological tests and discussed Wood's drug and alcohol abuse, hospitalization historyincluding his history of head injuriesand the incident itself. The officer slowed her patrol car and made eye contact with Defendant as he left his truck and entered the shop. 1534, 1542, 123 L.Ed.2d 188 (1993). In this case, the family has already put the quietus on any plea negotiations. Anesthesiology experts say they're not surprised that the combination of drugs took so long to kill Wood. Darren Lee Bolton White 29 M 19-Jun-1996 Lethal injection Zosha Lee Picket Q. Amobarbital, is that a truth serum? FN16. The employee said that they had temporarily left but would return soon. 1. By the priest's watch, it was almost 5pm. See Brewer, 170 Ariz. at 507, 826 P.2d at 804. He checked Wood's eyes and pulse and then said over the microphone, "It is confirmed that he is sedated." As a result, executions in Arizona were put on hold and only resumed in May this year. The district court correctly determined that Wood was not entitled to habeas relief on his claims that the prosecutor committed prejudicial misconduct in violation of his rights to due process and a fair trial. We further believe Defendant's impulsive personality and history of substance abuse merit little, if any, independent consideration in mitigation. Holding: The Court of Appeals, Thomas, Circuit Judge, held that preliminary injunction delaying inmate's execution until he received information was warranted. The other employees shouted for Defendant to put the gun away. ", AZCENTRAL R.T., July 12, 1991, at 32. 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). "The execution of Joseph Wood commenced at 1:57 p.m. at the Arizona State Prison Complex (ASPC)-Florence and he was pronounced dead at 3:49 p.m.," Arizona Attorney General Tom Horne said in a statement. White v. Illinois, 502 U.S. 346, 356, 112 S.Ct. Douglas Edward Gretzler White 47 M 03-Jun-1998 Lethal injection Michael Sandsberg and Patricia Sandsberg 07-23-14 Circuit Court of Appeals granted it, with the condition that it would be vacated if the state turned over the information. Ariz.R.Evid. Rule 404(a) generally precludes admission of other acts to prove a defendant's character or to show action in conformity therewith on a particular occasion. Fun Explosion By Joseph Wood Krutch: An Analysis. 26. Wood survived his wounds after extensive surgery. Q. The high-court ruling knocked down a federal appeals court decision that the execution could not move forward unless the state turned over information about how the execution would be carried out. I would have to flip through and look for it if you want me to. Debbie was working at a local body shop owned by her family. 10. You had police reports from 1979? In the present case we need not consider the breadth of that right because the record does not support Defendant's contention that the family's wishes were the controlling factor in the state's decision to forego a plea and pursue the death penalty. During PCR proceedings, Wood requested, but did not receive, an evidentiary hearing on his ineffective assistance of counsel claims. 19. Arizona murderer Joseph Wood executed | CNN This court has long held that where the existence of premeditation is in issue, evidence of previous quarrels or difficulties between the accused and the victim is admissible. Jeffers, 135 Ariz. at 418, 661 P.2d at 1119 (citing Leonard v. State, 17 Ariz. 293, 151 P. 947 (1915)). This appeal followed. The trial court properly found the A.R.S. 1710, 123 L.Ed.2d 353 (1993) (internal quotation marks omitted). The United States District Court for the District of Arizona, John M. Roll, J., 2007 WL 3124451, denied petition, and thereafter, 2008 WL 280879, denied petitioner's motion to alter or amend judgment. However, Wood's allegations of prosecutorial misconduct do not rise to the level of a due process violation even when considered in the aggregate. ", "Execution of Arizona murderer takes nearly 2 hours," by Bob Ortega, Michael Kiefer and Mariana Dale. Troy and I witnessed another execution together in 2007, and he had seen one before that, so he also knows what it looks like. Harrington v. Richter, U.S. , 131 S.Ct. "One thing is certain, however, inmate Wood died in a lawful manner and by eyewitness and medical accounts he did not suffer," the Republican governor said in a statement. The essence of this case was Defendant's mental state at the time of the murders. Wood turned his head and looked curiously at the 20 or so witnesses in the room. The jury never learned the details of the conduct underlying Defendant's Las Vegas arrest. Wood concedes that the specific facts underlying these claims were not presented on direct appeal, but he argues that they merely constitute additional particular instances of prosecutorial misconduct that do not fundamentally alter the claim raised on direct appeal. A: Yes. Neither Defendant nor the state addressed why this particular testimony may have been offered, either at trial or on appeal. The lines went in easily. "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.". Wood was unconscious by 1:57 p.m. At about 2:05, he started gasping, Kiefer said. 1710, 123 L.Ed.2d 353 (1993) (internal quotation marks omitted). FN12 First, at least three other employees were present in the confined garage where Defendant shot Eugene. A neighbor who heard thuds and banging within Debra's apartment called police on June 30, 1989, after finding Debra outside and hysterical. The responding officer saw cuts and bruises on Debra. So what you are saying is that this wasn't planned out, from what you know about the facts of this case it wasn't planned? James Dean Clark White 35 M 14-Apr-1993 Lethal injection Charles Thumm, Mildred Thumm, Gerald McFerron, and George Martin Donald Beaty White 25-May-2011 Lethal Injection Christy Ann Fornoff Wood failed to comply with these requirements and thereby failed to fairly present these claims to the Arizona Supreme Court. In either event, it is relevant. One thing is certain, however, inmate Wood died in a lawful manner and by eyewitness and medical accounts he did not suffer, Brewer said in a statement. Wood's assertion of cumulative error fails because his individual claims of his counsel's errors at trial and sentencing are not supportable, and they do not entitle him to relief even when aggregated. See Picard, 404 U.S. at 27578, 92 S.Ct. See State v. Featherman, 133 Ariz. 340, 34445, 651 P.2d 868, 87273 (Ct.App.1982) (evidence of prior assault on victim admissible to show defendant's intent in murder prosecution). The district court properly denied Wood's claim that the prosecutor committed misconduct by asking Dr. Allender, a psychologist called as an expert witness by the defense, whether he had considered hypnotizing or administering amobarbital to Wood. Either direct or circumstantial evidence may prove premeditation. The death penalty was not supposed to go like this, Plus: Arizona killer Joseph Wood dies after almost two hours. Wood died during the hearings. Incorrect placement of lines can inject drugs into soft tissue instead of the blood stream, but the drugs used to kill Joseph Woods went into the veins of his arms, said Gregory Hess of the Pima County Medical Examiner's Office. Method ofMurder See State v. Coey, 82 Ariz. 133, 142, 309 P.2d 260, 269 (1957) (finding no reversible error in admission of hearsay statement bearing on pre-meditation). Wood phoned the shop three times that morning. Michael Kent Poland White 59 M 16-Jun-1999 Lethal injection Cecil Newkirk and Russell Dempsey Several times, however, Eugene refused to let Wood visit Debra during business hours while she was working at the shop. Defendant calmly waited for Eugene to hang up the telephone before shooting him. Additionally, as in this case, a Confrontation Clause violation can be harmless error. "It's time for Arizona and the other states still using lethal injection to admit that this experiment with unreliable drugs is a failure," she said in a statement. A: What the theory would be is if it is an unconscious process, that you can probably do hypnosis or use the sodium amobarbital to get past the conscious defense or unconscious defense mechanisms. He started breathing. "It took a long time." Redirect page. Arizona Gov. See In re Juvenile Appeal No. The jury could have concluded the officers must have acted with apprehension or fear when they used deadly force against Defendant. This passing reference was not sufficient to fairly alert the Arizona Supreme Court to this claim. Background: Petitioner sought federal habeas corpus relief after his state-court convictions for murder and aggravated assault and death sentence were upheld on direct appeal, 180 Ariz. 53, 881 P.2d 1158. Karl-Heinz LaGrand White 35 M 24-Feb-1999 Lethal injection Kenneth Hartsock 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. Two police officers approached Wood and ordered him to drop his weapon. The prosecutor's cross-examination was not intended to impugn Defendant but to test the basis and credibility of Dr. Allender's opinions concerning whether Defendant was faking his asserted memory loss at the time of the murders. Holding: The Court of Appeals, Thomas, Circuit Judge, held that preliminary injunction delaying inmate's execution until he received information was warranted. 2253, and we affirm. Defendant also argues that he could not reasonably have foreseen that his conduct in the course of the commission of the offense for which [he] was convicted would cause, or would create grave risk of causing, death to another person. A.R.S. 1991). In 1998, Wood filed a Petition for Writ of Habeas Corpus in federal district court, followed by the filing of an Amended Petition later that year. Defendant replied, Just a minute, then returned and threatened the owner and his girlfriend with a shotgun. 9. Arizona intends to execute Joseph R. Wood III on July 23, 2014. 13703(G)(2) mitigating circumstance does not apply. 13703(E) requires imposition of the death penalty. Defendant offered no evidence that he did not appreciate the wrongfulness of his conduct, and we have found none in the record. Without retreating from Nash and Smith, we believe that under these circumstances the judge's finding that Defendant created a grave risk of death to at least these two employees is correct.FN14 INMATE: WOOD, JOSEPH #086279 Q: Well, when you say the word avenge, what do you mean by the word avenge? We find no fundamental error. Defendant was entitled, however, to a limiting instruction that references to the Las Vegas police reports were admissible only to show the basis of Dr. Allender's opinions. Wood's counsel's investigation and preparation of Wood's mental health defense was not constitutionally ineffective. VI, 5(3), A.R.S. Instead, they related solely to her state of mind when the statements were made and thus fit within the Rule 803(3) exception. The trial court did not err in admitting this testimony. The execution had begun. 2253, and we affirm. The Arizona Supreme Court properly concluded that the challenged testimony regarding Wood's employment history was merely perfunctory and undetailed such that its admission d[id] not rise to the level of fundamental error. Wood, 881 P.2d at 1170. Defendant offered expert testimony in support of his claim that his actions were due largely to his chronic alcohol and drug dependency and his impulsive personality. An Ohio inmate gasped in similar fashion for nearly 30 minutes in January. The district court correctly dismissed Wood's claims that his trial counsel's performance was constitutionally ineffective. The state post-conviction court and Arizona Supreme Court again denied relief. 39(b)(7). 31. Defendant argues that the trial court erroneously failed to find several statutory mitigating circumstances. On direct examination, Wood's counsel asked Dr. Allender questions about Wood's alleged inability to remember the shootings. As the majority points out, [s]tates are now seeking new types and combinations of drugs because thiopental and pentobarbital are no longer readily available. In doing so, the Arizona Supreme Court reasonably applied clearly established law. We agree that the record does not support Defendant's mitigation claim under A.R.S. The following exchange occurred during the state's direct examination of a neighbor who lived next to the apartment shared by Defendant and Debra: Last Meal: 2 cookies. Killer angered victims' family with last words before taking - LADbible The employee said that they had temporarily left but would return soon. Height 67 in See State v. Caez, Ariz.Sup.Ct. 2546, 115 L.Ed.2d 640 (1991). We presently have before us a case raising the so-called Wussler issue. Well, I think Mr. Wood behaved in a general sequence but given his lack of recall for the specific offense, it is hard for me to know whether this was planned out or not. He requested similar information concerning the Pentobarbital protocol and also asked how long the Department would plan to look for that drug. Harrington v. California, 395 U.S. 250, 253, 89 S.Ct. (Habeas) 15. The U.S. Ninth Circuit Court of Appeals sided with Wood and issued a stay, but the Supreme Court lifted it. The state appealed to the U.S. Supreme Court, which lifted the stay without addressing the First Amendment issue. Therefore, Wood does not demonstrate prejudice from counsel's performance because he has failed to show that the information relative to remorse contained in the pre-sentence report had any effect on the sentencing court's decision to impose the death penalty. Clark v. Ricketts, 958 F.2d 851, 85758 (9th Cir.1991). Wood argues that the prosecutor committed misconduct by asking the following questions about an incident at Ms. Dietz's apartment: List of last words - Wikipedia DOB: 12/06/1958 I would have to flip through and look for it if you want me to. Initially, we note that a tendency to act impulsively in no way precludes a finding of legal premeditation. Arizona's most recent execution before Wood, last October, took 17 minutes but used pentobarbital, a barbiturate. At trial, Wood conceded his role in the killings, but argued that they were impulsive acts that were not premeditated. Height 67 in Six other employees were also present that morning. And it went on for an hour and a half. Additional evidence of Wood's social background, including his history of substance abuse, was also presented at sentencing by Dr. Breslow, a psychiatric chemical dependency expert. See Jeffers, 135 Ariz. at 428, 661 P.2d at 1129. The district court properly concluded that the PCR court reasonably denied Wood's ineffective assistance of counsel claim that his counsel failed to prepare him for his pre-sentence interview. A: I think I found a report from '79 from Las Vegas. 63. See Ariz.R.Crim.P. We have examined the entire record for fundamental error pursuant to A.R.S. Wood's eyes flitted back and forth, and his eyebrows arched as men in scrubs, their faces out of camera range, fussed with blood-pressure cuffs and trays of IV needles. But in Arizona, it's done on camera. Admission: 07/19/1991 We have never, however, limited this factor to cases in which another person was directly in the line of fire. Arizona inmate Joseph Wood was injected 15 times with execution drugs Before his execution, Wood looked at the victims family and spoke his final words, 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., Sugar Ray Leonards Wife Bernadette Missing On Celebrity Family Feud, Sugar Ray Leonard and wife Bernadette Robi, image: @sugarrayleonard, 2012-2023, 2paragraphs Productions, LLC. Defendant alleges this was improper because the trial court had ruled inadmissible Defendant's 1979 Las Vegas misdemeanor assault conviction. Wood was the first Arizona prisoner to be killed with the drug combination. Woods execution appeared to be eerily similar to that of Dennis McGuire, a convicted murderer who was executed in Ohio with the same drug combination used in Arizona. Joseph Wood | Photos | Murderpedia, the encyclopedia of murderers Brewer, 170 Ariz. at 506, 826 P.2d at 803. 509. 22. State officials said in court filings that they need to maintain secrecy because publicity has made it more difficult to obtain the drugs needed to carry out executions. Debra had apparently heard an employee shout that her father had been shot and was trying to telephone for help when Defendant grabbed her around the neck from behind and placed his revolver directly against her chest. When the police officer saw this from her patrol car she immediately called for more officers. Robert Wayne Vickers White 41 M 05-May-1999 Lethal injection Wilmar Holsinger On direct examination, defense counsel asked Dr. Allender what materials he reviewed in preparing to examine Defendant. Did she [Debra] ever have another conversation with you later on when she related the same information to you? A 2013 Pew Research Center survey indicated that 55 percent of U.S. adults favor the practice, while 37 percent oppose it, a big drop from two years earlier, when 62 percent said they favored the death penalty for murder convictions and 31 percent opposed it. Ethnic Origin: Caucasian For these reasons, we therefore affirm the district court's denial of Wood's habeas petition and request for an evidentiary hearing. The state claims that Defendant failed to properly raise this claim in either this or the trial court. It is true that in capital cases, trial courts must instruct on all lesser-included homicide offenses supported by the evidence. She can sign an executive order, put a stay on executions and let the Legislature find a better way to deal with violent criminals who deserve the maximum penalty, but one that is not cruel and unusual." Wood discussed the denial of the funding request only in his description of the trial court's proceedings; he did not argue that the denial of the funding request violated his constitutional rights. States at that time used an anesthetic called thiopental in combination with other drugs. Because Defendant was seldom employed, Debra supported him financially. Defendant alleges that the trial court improperly admitted testimony concerning his alleged violent acts against Debra in violation of Ariz.R.Evid. At one time, Defendant's trial was set for December 12, 1991. At trial, Wood conceded his role in the killings but argued that they were not premeditated because he had acted impulsively. 1. "Americans have had enough of the barbarism," she said. Finally, given the recent problematic execution in Oklahoma and past criticism of the Department by the district court in Arizona, Baich asked for the qualifications of the medical professionals who would perform the execution. Since then, death-penalty states have been scrambling to come up with alternatives. A.R.S. In either event, it is relevant. Eugene was on the telephone in an area where three other employees were working. Other jurisdictions follow this approach. 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.
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