State v. Nelson
229 Ariz. 180
| Ariz. | 2012Background
- Nelson killed Amber, a 14-year-old, with a rubber mallet at a Kingman motel in June 2006.
- Nelson purchased a mallet, a shirt, and a sleeping bag; evidence linked him to Amber's blood and DNA.
- The medical examiner attributed Amber's death to blunt force trauma; semen was found on Amber's body.
- Nelson admitted killing Amber but argued there was no premeditation; jury found premeditated first-degree murder and one aggravator (F)(9).
- Nelson was sentenced to death; this is an automatic Arizona Supreme Court appeal under Article 6, Part 5, §3.
- Issues on appeal include juror impartiality, sufficiency of premeditation, jury instructions, manslaughter instruction, aggravator constitutionality, and prosecutorial conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Juror impartiality and prejudice | Juror 56's conversation violated voir dire | No prejudice shown; jurors excused and no extrinsic evidence | No fundamental prejudice; no reversible error |
| Sufficiency of premeditation proof | No actual reflection; time passage not evidence of premeditation | Circumstantial evidence supports premeditation | Evidence substantial; premeditation upheld |
| Premeditation instruction and arguments | Instruction and prosecutor's arguments were erroneous | Not fundamental error under the facts | Not reversible; not fundamental error |
| Constitutionality of (F)(9) aggravator | (F)(9) is arbitrary and irrational | Aggravator is rationally narrow and principled | Constitutional; provides a bright-line standard |
| Prosecutorial misconduct | Penalty-phase remarks were irrelevant/inflammatory | Any improper remarks were limited and cured; harmless | No reversible error; harmless or cured by court |
Key Cases Cited
- State v. Henderson, 210 Ariz. 561 (2005) (fundamental error review and juror impartiality standards)
- State v. Thompson, 204 Ariz. 471 (2003) (premeditation defined; circumstantial proof allowed)
- United States v. Begay, 673 F.3d 1038 (9th Cir. 2011) (premeditation supported by carrying weapon to scene and acts before killing)
- State v. Pittman, 118 Ariz. 71 (1978) (premeditation and weapon acquisition as circumstantial evidence)
- Payne v. Tennessee, 501 U.S. 808 (1991) (victim impact evidence allowed in capital sentencing)
- Graham v. Florida, 560 U.S. 48 (2010) (national consensus and Eighth Amendment considerations on age-based rulings)
- State v. Bocharski, 218 Ariz. 476 (2008) (proportionality and mitigating evidence in death penalty review)
- State v. Gulbrandson, 184 Ariz. 46 (1995) (statutory weighting of mitigating factors and review standards)
- State v. Dann, 220 Ariz. 351 (2009) (multiple opinions on death-penalty scheme; rights to jury findings and review)
- Remmer v. United States, 347 U.S. 227 (1954) (juror exposure to extrinsic evidence and presumption of prejudice)