State of Arizona v. Shawn Ryan Grell
291 P.3d 350
| Ariz. | 2013Background
- Grell murdered his two-year-old daughter by pouring gasoline on her and lighting her on fire.
- Trial was a bench trial on stipulated facts; Grell was convicted of first degree murder and sentenced to death.
- After Atkins v. Virginia (2002), this court remanded to determine if Grell’s mental retardation barred the death penalty.
- In 2005, the trial court found Grell did not prove mental retardation by clear and convincing evidence; this court affirmed.
- Remanded again for resentencing because Grell preserved jury sentencing rights under Ring v. Arizona; a new penalty hearing occurred in 2009.
- The court independently reviewed whether Grell has mental retardation and, finding in the preponderance of the evidence that he does, vacated the death sentence and imposed natural life.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Grell has mental retardation by a preponderance of the evidence. | Grell asserts adaptive deficits and subaverage intellect meet statutory criteria. | State contends adaptive skills largely intact; prior evaluations suffice. | Grell proven to have mental retardation by preponderance. |
| Whether mental retardation bars imposition of the death penalty under Atkins. | Mentally retarded defendants cannot be executed; Atkins requires life sentence. | State argues Atkins applies pre-trial, but procedural posture is ambiguous here. | Death sentence vacated; natural life imprisonment imposed. |
| What is the proper standard and effect of independent review on the mental retardation determination. | Independent review may rely on new evidence; preponderance standard applies in penalty phase. | Trial court’s prior determinations should be given weight unless rebutted by new evidence. | Independent review applied; found significant new evidence supports retardation by preponderance. |
Key Cases Cited
- Atkins v. Virginia, 536 U.S. 304 (U.S. Supreme Court 2002) (prohibits execution of mentally retarded defendants)
- Ring v. Arizona, 536 U.S. 584 (U.S. Supreme Court 2002) (jury sentencing right in capital cases when applicable)
- State v. Grell (Grell I), 205 Ariz. 57, 66 P.3d 1234 (2003) (remand for determination of mental retardation; pre-Atkins framework)
- State v. Grell (Grell II), 212 Ariz. 516, 135 P.3d 696 (2006) (affirmed denial of retardation pre-trial; remanded for resentencing)
- State v. Prince, 226 Ariz. 516, 250 P.3d 1145 (2011) (independent review standards in Arizona capital cases)