Gretzler
Gretzler v. Stewart
Opinion
Lead Opinion
Leavy, J.
Douglas Edward Gretzler, an Arizona prison inmate currently under a state court sentence of death, appeals from the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . We have jurisdiction over this appeal pursuant to 28 U.S.C. §§ 1291 and 2253, and we affirm.
FACTS AND PRIOR PROCEEDINGS
The relevant underlying facts are largely undisputed and were adequately summarized by the Supreme Court of Arizona:
State v. Gretzler, 126 Ariz. 60 , 612 P.2d 1023, 1028-30 (1980).
A few days later, Gretzler and Steelman were arrested in California as suspects in the Parkin homicides. Upon learning from California authorities that Gretzler and Steelman had been driving a car registered to Michael Sandberg, Tucson police went to the Sand-berg home where they discovered the couple’s bodies. Shortly thereafter, Gretzler confessed to the murders of Michael and Patricia Sandberg.
Gretzler pleaded guilty in California to nine counts of first degree murder for the Parkin killings, for which he was sentenced to nine concurrent terms of life imprisonment. He and Steelman were then extradited to Arizona to stand trial for the murders, burglary and robbery of…
Dissenting Opinion
Pregerson, J.
dissenting:
Douglas Edward Gretzler has been sentenced to death following a trial that lacked fundamental fairness. In denying Gretzler’s habeas petition, United States District Judge Richard M. Bilby observed:
Gretzler v. Lewis, No. 85-537 TUC RMB, slip op. at 67 n. 9 (D.Ariz. Sep. 26, 1995).
The crucial issue at Gretzler’s trial was whether Gretzler could form the specific intent necessary to sustain a conviction for first-degree murder. Gretzler’s counsel repeatedly requested that the trial court appoint an independent psychiatrist to assist in *1010 the preparation and presentation of an adequate defense on this issue. The court denied these requests. The trial court’s failure to provide Gretzler with the assistance of an independent psychiatrist violated Gretzler’s due process rights. Therefore, I would reverse Gretzler’s conviction and grant him a new trial.
I.
Evidence discovered after Gretzler’s conviction supports his claim that he lacked the necessary intent to commit first-degree murder. The evidence includes the following:
Gretzler claims that the trial court’s refusal to appoint an independent psychiatrist to assist in the defense prevented his attorney, David…