Villafuerte

Jose Roberto Villafuerte appeals the district court’s denial of his first federal petition for a writ of habeas corpus. An Arizona state court sentenced Villafuerte to death after convicting him of felony murder based *1334 on kidnapping. Villafuerte argues that the state trial court erred in several respects at both the guilt and sentencing phases of his trial. He also claims bad faith failure by the state to conduct a thorough investigation and an unlawful arrest that violated his rights to due process. We reverse on one claim, holding that the court erred by failing to instruct the jury on unlawful imprisonment as a lesser included offense to kidnapping. We remand for issuance of the writ unless Villafuerte is retried within a reasonable period of time.

I. BACKGROUND

During the afternoon and evening of February 21,1983, Villafuerte physically assaulted Amelia Schoville, his girlfriend, in the trailer he was renting. Villafuerte then tied Schoville to a bed in the trailer, gagged her, and drove away in her car. Villafuerte claims that he tied her to keep her from calling the police, that he was intoxicated at the time, and that he left instructions with two friends who were…