Villafuerte v. Lewis

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 *1334on 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…