State v. Delahanty, 226 Ariz. 502

Delahanty shot Officer Uribe three times during a traffic stop, then attempted to destroy the car by arson.
Wilson, the accompanying driver, pleaded guilty to second degree murder and testified against Delahanty.
Delahanty sent letters seeking violence against Wilson and Wilson's mother while awaiting trial.
The court found aggravating factors and Delahanty was sentenced to death for murder and prison terms for other offenses.
During the penalty phase, Delahanty waived mitigation after a court-ordered competency evaluation.
On appeal, Delahanty challenges pretrial competency prescreening, cross-examination limits, lesser-included offenses, mitigation waiver, and other issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was prescreening incompetency required?	State v. Henderson fundamental-error standard	Court erred in not ordering prescreening	No fundamental error; prescreening not required here
Was cross-examination of Wilson's mental health history properly limited?	Wilson's schizophrenia history relevant to credibility	History would confuse jury; evidence excluded	Court did not abuse discretion; exclusion appropriate
Were lesser-included offense instructions required?	Second degree murder and manslaughter supported by evidence	Evidence showed reckless or lesser conduct	No rational basis for lesser offenses; instructions not required
Was waiver of mitigation properly evaluated under Rule 11/11.3?	Rule 11 required two experts; error to rely on Kushner alone	Examination akin to preliminary inquiry; adequate	No reversible error; waiver knowingly intelligent with record supports
Were the eighteen issues raised to avoid federal preclusion properly considered?	Cited authorities from US Supreme Court and Arizona cases support reversal	Issues unpersuasive or irrelevant to disciplined review	Appendix lists issues; not dispositive; convictions and sentence affirmed

Dusky v. United States, 362 U.S. 402 (1960) (definition of competency to stand trial)
Godinez v. Moran, 509 U.S. 389 (1993) (competence to waive rights linked to understanding consequences)
State v. Henderson, 210 Ariz. 561 (2005) (fundamental-error standard for unobjected-to errors)
State v. Harrod, 218 Ariz. 268 (2008) (statutory framework for pre-screening and examinations)
State v. Bearup, 221 Ariz. 163 (2009) (lesser-included offenses in first-degree murder analysis)
State v. Zuck, 134 Ariz. 509 (1982) (chronology and limits of psychiatric-history relevance under Rule 403)
State v. Ellison, 213 Ariz. 116 (2006) (unanimity and mitigation standards in death-penalty cases)
State v. Gulbrandson, 184 Ariz. 46 (1995) (death-penalty statutory scheme and mitigating-factor considerations)