James Dean Clark v. James R. Ricketts

FACTS

An Arizona jury convicted appellant James Dean Clark of four counts of first-degree murder. One of the four murder victims was fatally stabbed. Another was shot to death. A couple, Mr. and Mrs. Thumm, were shot and killed. The couple’s credit cards and rings, a saddle, their car and several guns were stolen. Clark was apprehended, charged with the murders, tried and convicted. Following his convictions, a separate non-jury sentencing hearing was held by the trial judge pursuant to Ariz.Rev.Stat. 13-902. The sentencing judge found three aggravating factors were present in the case:

(1) Clark created a grave risk of death to Mrs. Thumm after he first shot Mr. Thumm in the hallway of their home, Ariz. Rev.Stat. § 13-902(F)(3);

(2) Clark murdered the Thumms with the expectation of receiving some pecuniary gain — credit cards, jewelry and an automobile, Ariz.Rev.Stat. § 13 — 902(F)(5); and

(3) Clark committed the offenses in an especially cruel and depraved manner, Ariz. Rev.Stat. § 13-902(F)(6).

In mitigation, Clark asserted that he was only twenty years old at the time of the crimes, had a poor home life during his formative years, lacked any adult criminal record,…