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 a jury convicted him of felony murder based 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, an unlawful arrest violated his rights to due process, and ineffective assistance of counsel.

We have jurisdiction over this appeal pursuant to 28 U.S.C. § 2253 , and we affirm the district court’s denial of Villafuerte’s petition for a writ of habeas corpus.

FACTS

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 asserts that he bound 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 allegedly present in the trailer to release Schoville after he…