State v. Pandeli

Citation215 Ariz. 514,161 P.3d 557
Decision Date12 July 2007
Docket NumberNo. CR-06-0143-AP.,CR-06-0143-AP.
PartiesSTATE of Arizona, Appellee, v. Darrel Peter PANDELI, Appellant.
CourtSupreme Court of Arizona

Terry Goddard, Arizona Attorney General by Kent E. Cattani, Chief Counsel, Capital Litigation Section, Lacey Alexandra Stover Gard, Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Terry Goddard, Arizona Attorney General by Kelley J. Morrissey, Assistant Attorney General, Phoenix, Attorney for Arizona Department of Corrections.

Droban & Company, P.C. by Kerrie M. Droban, Anthem, Attorney for Darrel Peter Pandeli.

OPINION

BERCH, Vice Chief Justice.

¶ 1 Appellant Darrel Peter Pandeli was convicted of first degree murder in 1997 and sentenced to death in 1998 for the murder of Holly Iler. On appeal, we affirmed both his conviction and his death sentence. State v. Pandeli (Pandeli I), 200 Ariz. 365, 382-83, ¶ 94, 26 P.3d 1136, 1153-54 (2001). In 2002, however, the United States Supreme Court remanded the case for further consideration in light of Ring v. Arizona (Ring II), 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002). Pandeli v. Arizona (Pandeli II), 536 U.S. 953, 122 S.Ct. 2653, 153 L.Ed.2d 830 (2002) (mem.). We vacated Pandeli's death sentence and remanded the case to the trial court for a new sentencing hearing. State v. Pandeli (Pandeli III), 204 Ariz. 569, 572, ¶ 11, 65 P.3d 950, 953 (2003) (supp.op.). On remand, a jury determined that Pandeli should be sentenced to death. We have jurisdiction over this capital appeal pursuant to Article 6, Section 5(3), of the Arizona Constitution and Arizona Revised Statutes ("A.R.S.") section 13-4031 (2001).

I. FACTS AND PROCEDURAL BACKGROUND

¶ 2 Holly Iler's nude body was found in a central Phoenix alley on the morning of September 24, 1993. She had been beaten, her throat had been slashed, and her nipples had been excised after her death. During the course of the police investigation, Pandeli confessed to murdering Iler. A more detailed description of the Iler murder may be found in Pandeli I, 200 Ariz. at 370-72, ¶¶ 6-15, 26 P.3d at 1141-43.

¶ 3 After confessing to the Iler murder, Pandeli admitted that he had previously killed another woman. Teresa Humphreys' body was found on a sidewalk in central Phoenix in January 1992. She had been stabbed several times in the chest and back, her throat had been slashed, and she suffered extensive defensive wounds to her hands. In 1996, Pandeli was convicted of second degree murder for killing Humphreys and was sentenced to twenty years in prison.

¶ 4 Pandeli's resentencing for the Iler murder commenced in February 2006. The State sought to prove two aggravating circumstances: that Pandeli had been "previously convicted of a serious offense," see A.R.S. § 13-703(F)(2) (Supp.1993), and that he committed the murder in an "especially heinous . . . or depraved manner," see id. § 13-703(F)(6). In support of the (F)(2) aggravating factor, the State produced evidence of the Humphreys murder conviction. To prove the (F)(6) aggravating factor, the State introduced evidence that Pandeli mutilated Iler's body and kept souvenirs of the murder. The jury found both aggravating circumstances and rendered a verdict of death.

II. DISCUSSION

¶ 5 Pandeli raises eight issues on appeal and lists seven additional issues to avoid preclusion. We address only those issues argued to this Court and append a list of preserved claims to this opinion.

A. Ability to Conduct Voir Dire

¶ 6 Pandeli claims that the trial court's failure to rule before trial on the scope of the State's penalty phase rebuttal hindered his ability to conduct voir dire because he did not know whether to question jurors about their feelings regarding serial killers. Before trial, the State asked to introduce the facts of Teresa Humphreys' murder in rebuttal to Pandeli's proffered mitigation evidence to demonstrate that Pandeli should not be shown leniency. The trial court deferred ruling on the motion until after the defense presented its mitigation evidence to allow the court to assess whether the Humphreys murder evidence would be relevant.

¶ 7 At the oral argument on the motion, Pandeli did not argue that the court's failure to rule would hinder his ability to conduct voir dire; he first made that argument in his motion for a new trial, filed after he had been sentenced to death. Because Pandeli did not object on these grounds at trial, we review for fundamental error. State v. Henderson, 210 Ariz. 561, 567, ¶ 19, 115 P.3d 601, 607 (2005). To satisfy the fundamental error standard, a defendant must demonstrate not only "error going to the foundation of the case," but also that the error caused him prejudice. Id. at ¶¶ 19-20, 115 P.3d 601.

¶ 8 We conclude that the judge's delay in ruling did not deprive Pandeli of the ability to conduct voir dire. There was no error, much less fundamental error. Despite the trial court's decision not to rule immediately on the State's motion, the defense had the opportunity to question the prospective jurors about their feelings toward serial killers. The prospective jurors were informed that Pandeli had previously been convicted of another murder and were asked in the Jury Selection Questionnaire whether they thought the death penalty was appropriate for serial murderers. Defense counsel then had the opportunity to follow up on this issue. Several prospective jurors were questioned about their beliefs regarding serial killers.

¶ 9 Moreover, Pandeli has not identified any questions he wanted to ask but was denied permission to ask. And, generally, any overly specific questions would not have been allowed. A defendant does not have the right to "commit [prospective jurors] to certain positions prior to receiving the evidence." State v. Melendez, 121 Ariz. 1, 3, 588 P.2d 294, 296 (1978); cf. State v. Smith, 215 Ariz. 221, ___, ¶ 42, 159 P.3d 531, 541 (2007) (holding that a trial court need not permit a defendant to question jurors about their assessment of specific aggravating factors).

¶ 10 Finally, to the extent that Pandeli complains about the voir dire of prospective jurors 29, 42, and 77, those individuals were dismissed and did not sit on the jury; therefore, Pandeli cannot show any prejudice stemming from his inability to question these jurors. See State v. Glassel, 211 Ariz. 33, 46-47, ¶ 41, 116 P.3d 1193, 1206-07 (2005), cert. denied, 547 U.S. 1024, 126 S.Ct. 1576, 164 L.Ed.2d 308 (2006). In sum, Pandeli has not shown that his ability to conduct voir dire was hindered by the trial court's delay in ruling or that he did not have a fair and impartial jury.

B. Aggravation Phase Issues
1. (F)(2) aggravating circumstance

¶ 11 Pandeli next claims three separate errors with regard to the (F)(2) "serious offense" aggravating factor: (1) The trial court improperly allowed the State to introduce the underlying facts of the Humphreys murder to prove the (F)(2) aggravating factor; (2) the trial court should not have allowed the State to present any evidence of the (F)(2) aggravating factor to the jury and instead should have told the jury that the aggravating circumstance was established; and (3) use of the Humphreys murder conviction to support the (F)(2) aggravating circumstance violated the Double Jeopardy Clause because it allowed additional punishment to stem from a prior conviction. We review evidentiary rulings of the trial court for abuse of discretion, State v. McGill, 213 Ariz. 147, 156, ¶ 40, 140 P.3d 930, 939 (2006), cert. denied, ___ U.S. ___, 127 S.Ct. 1914, 167 L.Ed.2d 570 (2007), and we review legal and constitutional issues de novo, State v. Moody, 208 Ariz. 424, 445, ¶ 62, 94 P.3d 1119, 1140 (2004).

a. Evidence of prior conviction

¶ 12 "The proper procedure to establish [a] prior conviction is for the state to offer in evidence a certified copy of the conviction . . . and establish the defendant as the person to whom the document refers." State v. Lee, 114 Ariz. 101, 105, 559 P.2d 657, 661 (1976). The State followed this procedure and did not introduce any of the underlying facts of the Humphreys murder to establish the (F)(2) aggravating circumstance.1 Thus, there was no error.

b. Submission of (F)(2) aggravating factor to jury

¶ 13 Pandeli argues that submitting the (F)(2) aggravating factor to the jury violated his Sixth Amendment right. We disagree.

¶ 14 After receiving a new sentencing hearing to cure the error caused by allowing the judge to find the aggravating circumstances, Pandeli now claims that the jury should not have been allowed to find the (F)(2) aggravating factor because the Sixth Amendment to the United States Constitution does not require a jury to determine the existence of a prior conviction. See State v. Ring (Ring III), 204 Ariz. 534, 556, ¶ 55, 65 P.3d 915, 937 (2003). Arizona Revised Statutes § 13-703.01(P) (Supp.2006), however, requires a jury to make all findings of fact in a death penalty sentencing hearing, and the fact that the Sixth Amendment allows a judge to find prior convictions does not affect that statutory mandate. Nothing in the Constitution requires that a judge find the prior serious offense aggravating circumstance, and the Arizona statute affirmatively requires that the finding be made by the jury. See A.R.S. § 13-703.01(P).

¶ 15 Pandeli also argues that it was unnecessary for the jury to find the existence of his prior conviction because a trial judge's finding in an earlier sentencing proceeding that a prior conviction exists may not be disturbed at resentencing. In support of this proposition, he cites State v. Montaño, 206 Ariz. 296, 77 P.3d 1246 (2003), and State v. Cropper, 206 Ariz. 153, 76 P.3d 424 (2003). The question in those cases differed from the one now before us. In Montaño and Cropper, we were analyzing whether the error in having a judge find aggravating factors was harmless. For purposes of the harmless error inquiry, we stated that we would not "disturb the...

To continue reading

Request your trial
113 cases
  • State Of Ariz. v. Garcia
    • United States
    • Supreme Court of Arizona
    • 18 March 2010
    ......        ¶ 66 We review a trial court's dismissal of a juror for abuse of discretion. . Roseberry, 210 Ariz. at 371 ¶ 63, 111 P.3d at 413. Garcia's constitutional claims are reviewed de novo. . State v. Pandeli, 215 Ariz. 514, 521 ¶ 11, 161 P.3d 557, 565 (2007).         ¶ 67 At the close of the aggravation phase, the trial court designated four jurors as alternates. That afternoon, the jury found that the State had proved two aggravators and that Garcia was death-eligible under . Tison. ......
  • State v. Robinson
    • United States
    • Supreme Court of Arizona
    • 24 May 2022
    ......We find nothing about dousing a victim's body with accelerant and lighting it on fire that categorically distinguishes it from other mutilative acts, such as carving or dismembering. See, e.g. , State v. Pandeli ( Pandeli I ), 200 Ariz. 365, 375–76 ¶¶ 40–41, 26 P.3d 1136, 1146–47 (2001) (deeming it needless mutilation to excise both of victim's breasts after her death), vacated on other grounds , 509 P.3d 1040 536 U.S. 953, 122 S.Ct. 2654, 153 L.Ed.2d 830 (2002). The jury did not abuse its ......
  • State v. Allen
    • United States
    • Supreme Court of Arizona
    • 26 July 2022
    ...... Id. ¶62 Sammantha relies heavily on assumptions about what the jury might have considered in its deliberations. But this Court "presume[s] that jurors follow the court's instructions." State v. Pandeli ( Pandeli II ), 242 Ariz. 175, 189 ¶ 58, 394 P.3d 2, 16 (2017). And there is no prejudice from a denial of severance when a "jury is instructed to consider each offense separately and advised that each must be proven beyond a reasonable doubt." Prince I , 204 Ariz. at 160 ¶ 17, 61 P.3d at ......
  • State Of Ariz. v. Womble
    • United States
    • Supreme Court of Arizona
    • 12 July 2010
    ...circumstances, regardless of its admissibility under the rules of evidence. See State v. Pandeli, 215 Ariz. 514, 527 ¶ 42, 161 P.3d 557, 570 (2007). Deference is given to a trial court's decision as to the relevance of evidence presented during the penalty phase. State v. McGill, 213 Ariz. ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT