State v. Pete J. Vanwinkle

OPINION

BRUTINEL, Justice.

¶ 1 In 2009, Pete J. VanWinkle was sentenced to death for the first degree murder of Robert Cotton. We have jurisdiction over this automatic appeal under Article 6, Section 5(3) of the Arizona Constitution and A.R.S. § 13-4031 (2010).

I. FACTUAL AND PROCEDURAL BACKGROUND 1

¶ 2 On May 1, 2008, when Maricopa County Jail inmates VanWinkle and Robert were out of their cells for recreation time, jail videos show Robert, who walked with a visible limp, climbing the stairs to the second level of cells. Robert looked backward twice and appeared to talk to VanWinkle. 2 When he…