Larry Eugene Evans v. Samuel Lewis Lloyd Bramlett

Larry Eugene Evans (“Evans”), an Arizona state prisoner convicted of first degree murder and armed robbery and sentenced to death, appeals from the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . Evans alleges numerous trial and sentencing errors. We affirm his conviction, but reverse the sentence of death, and remand for resentencing.

BACKGROUND

On August 27, 1976, an Arizona jury found Evans guilty of first degree murder and armed robbery in connection with the robbery of a Phoenix bar and the shooting of the bartender. The trial judge subsequently sentenced Evans to death for the murder. The judge found one aggravating factor, a previous California conviction for attempted first degree robbery, and no factors mitigating against the imposition of the death penalty. Evans appealed his conviction and sentence to the Arizona Supreme Court, which affirmed the conviction but remanded for resentencing in order to allow Evans to present any evidence of mitigating circumstances. See State v. Evans, 120 Ariz. 158 , 584 P.2d 1149 (1978).

Upon resentencing, the judge found no mitigating circumstances and again sentenced Evans to death. On…