Alson T. Wahrlich v. State of Arizona, A. E. "Bud" Gomes, Superintendent, Arizona State Prison

Wahrlich’s petition for federal habeas relief from a conviction for kidnapping in a state court in Arizona was denied, and he appeals. He contends that the state court’s refusal to receive psychiatric testimony offered to prove that he was incapable of forming the specific in tent that is an element of the offense denied him due process and equal protection secured by the Federal Constitution.

Wahrlich did not rely on an insanity defense, and the evidence was not offered to prove either insanity or diminished capacity. His theory is that the expert testimony offered was relevant to show that he could not have harbored the requisite “intent to hold or detain” the victim and that the rejection of the testimony deprived him of his due process right to introduce all evidence tending to disprove an essential ingredient of the offense. The argument is logical, and it has been skillfully presented, but we reject it.

We do not admit all evidence that is competent and probative in a criminal trial. A wide assortment of relevant evidence is deliberately excluded by reason of counterbalancing factors that are believed to be of greater moment than the unfettered admission of…