Joseph Wood, III v. Charles Ryan

Good Law
693 F.3d 1104·2012 WL 3937060·2012 U.S. App. LEXIS 18969
United States Court of Appeals for the Ninth CircuitSeptember 10, 201208-99003California5,295 words

Opinion

Opinion

Thomas, J.

Joseph R. Wood III, an Arizona state prisoner, appeals the district court’s denial of his habeas corpus petition challenging his state convictions for murder and aggravated assault and the imposition of the death penalty. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

I

Petitioner Joseph Wood shot and killed his estranged girlfriend, Debra Dietz, and her father, Eugene Dietz, on August 7, 1989 at a Tucson automotive paint and body shop owned and operated by the Dietz family. The Arizona Supreme Court described the facts as follows:

State v. Wood, 180 Ariz. 53 , 881 P.2d 1158, 1165-66 (1994). Wood was arrested and indicted on two counts of first degree murder and two counts of aggravated assault against the police officers who subdued him. Id. at 1166.

At trial, Wood conceded his role in the killings, but argued that they were impulsive acts that were not premeditated. Id. After a five-day trial, the jury found Wood guilty on all counts. Id. at 1169. Following an aggravation and mitigation hearing, the trial court sentenced Wood to imprisonment for the assaults and to death for each murder. Id. at 1165.

In 1994, the Arizona Supreme Court affirmed Wood’s…

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