State v. Pete J. Vanwinkle
230 Ariz. 387
Ariz.2012Background
- VanWinkle was sentenced to death for the first-degree murder of Robert Cotton in 2009; trial occurred after a lengthy pretrial process in Maricopa County.
- Video surveillance showed VanWinkle attacking Cotton in a jail cell for about 20 minutes, including periods of rest, with the victim's death occurring during the assault.
- VanWinkle was incarcerated and transferred to Cotton’s unit prior to the murder; his conduct and statements before and after the killing were introduced at trial.
- The State presented aggravating circumstances (in-custody murder, prior serious-conviction, especially heinous or depraved) and rebuttal mitigation evidence focusing on prison life and self-defense arguments.
- The defense sought continuances to prepare mitigating evidence; the trial court denied these requests for lack of specificity and potential prejudice, and the jury sentenced VanWinkle to death after considering aggravation and mitigation.
- On appeal, the Arizona Supreme Court affirmed the conviction and death sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the continuance denials were an abuse of discretion | VanWinkle | State | No abuse; lack of Rule 8.5 specificity precluded grant. |
| Whether there was sufficient evidence of premeditation | VanWinkle | State | Sufficient evidence; video and pattern of conduct supported premeditation. |
| Admissibility of other acts evidence (Rule 404(b)) | VanWinkle | State | Admissible to rebut self-defense; not unduly prejudicial with limiting instruction absent. |
| Whether the (F)(6) aggravator instruction was fundamental error | VanWinkle | State | Not fundamental error; admission of continued violence after victim died established aggravation. |
| Rebuttal to mitigation evidence about prison environment | VanWinkle | State | Proper rebuttal evidence; did not violate due process or mitigation weighing. |
Key Cases Cited
- State v. Chappell, 225 Ariz. 229 (2010) (abuse of discretion standard for death penalty review; reasonable evidence supports result)
- State v. Bocharski, 218 Ariz. 476 (2008) (gratuitous violence defined; relevance to aggravating factors)
- State v. Lee, 189 Ariz. 590 (1997) (limits on 404(b) evidence and need for limiting instruction)
- State v. Pandeli, 215 Ariz. 514 (2007) (rebuttal evidence allowed to countermitigation; pattern of violence showed lack of mental illness mitigation)
- State v. Gulbrandson, 184 Ariz. 46 (1995) (limits and structure of mitigation and sentencing process)
