Alson T. Wahrlich v. State of Arizona, A. E. "Bud" Gomes, Superintendent, Arizona State Prison

OPINION

Wahrlich’s petition for federal habeas relief from a conviction for kidnapping in a state court in Arizona was denied, and he appeals. He contends that the state court’s refusal to receive psychiatric testimony offered to prove that he was incapable of forming the specific in tent that is an element of the offense denied him due process and equal protection secured by the Federal Constitution.

Wahrlich did not rely on an insanity defense, and the evidence was not offered to prove either insanity or diminished capacity. His theory is that the expert testimony offered was relevant to show…