James Dean Clark v. James R. Ricketts
Opinion
Opinion
Thompson, J.
ORDER AND OPINION
Appeal from the United States District Court for the District of Arizona.
ORDER
The opinion in Clark v. Ricketts, filed September 28, 1989 and published at 886 F.2d 1152 , is withdrawn.
OPINION
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 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,…