Robinson v. Schriro

I respectfully dissent. The record in this case supports the district court’s determination that Fred Robinson’s claim challenging application of the cruelty prong of the “cruel, heinous and depraved” aggravating factors under Arizona’s death penalty statute is procedurally barred. Although a closer question is presented by application of the heinous/depraved prongs of the statutory aggravating factors, the Arizona state courts did not act arbitrarily and capriciously in applying the heinous/depraved prongs of the statutory aggravating factors when considering the facts underlying the murder…