Roosevelt Arthur Williams v. State of Arizona

303 P.3d 532, 232 Ariz. 221, 660 Ariz. Adv. Rep. 34, 2013 WL 2152101, 2013 Ariz. App. LEXIS 98
CourtCourt of Appeals of Arizona
DecidedMay 17, 2013
Docket2 CA-SA 2012-0070
StatusPublished
Cited by10 cases

This text of 303 P.3d 532 (Roosevelt Arthur Williams v. State of Arizona) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roosevelt Arthur Williams v. State of Arizona, 303 P.3d 532, 232 Ariz. 221, 660 Ariz. Adv. Rep. 34, 2013 WL 2152101, 2013 Ariz. App. LEXIS 98 (Ark. Ct. App. 2013).

Opinions

OPINION

HOWARD, Chief Judge.

¶ 1 In this statutory special action, Roosevelt Williams challenges the respondent judge’s ruling that he failed to establish, by clear and convincing evidence, an intellectual disability rendering him ineligible for the death penalty in his pending prosecution for murder. Our consideration of the merits of Williams’s petition is mandatory. See A.R.S. § 13-753(1). For the following reasons, we deny relief.

Background

¶ 2 As a matter of statutory and constitutional law, a person convicted of a capital offense who suffers from an intellectual disability, previously known as mental retardation, may not be sentenced to death. § 13-753(H); Atkins v. Virginia, 536 U.S. 304, 321, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (Eighth Amendment prohibits execution of mentally retarded persons).1 Under § 13-[223]*223753(E)(3), an intellectual disability is defined as follows:

[A] condition based on a mental deficit that involves significantly subaverage general intellectual functioning, existing concurrently with significant impairment in adaptive behavior, where the onset of the foregoing conditions occurred before the defendant reached the age of eighteen.

The statute further defines “[significantly sub-average general intellectual functioning” as “a full scale intelligence quotient of seventy or lower,” taking into account “the margin of error for the test administered.” § 13-753(E)(5). “ ‘Adaptive behavior’ ” is defined as “the effectiveness or degree to which the defendant meets the standards of personal independence and social responsibility expected of the defendant’s age and cultural group.” § 13-753(E)(1).

¶ 3 Williams was indicted for two counts of first-degree murder, and the state filed a notice of its intent to seek the death penalty. In accordance with § 13-753(B), the respondent judge appointed a “prescreening psychological expert” to evaluate Williams’s intelligence quotient (IQ). Upon that expert’s report that Williams’s IQ test score was less than seventy-five, the respondent appointed additional experts and scheduled an eviden-tiary hearing to determine whether Williams suffers from an intellectual disability and therefore is ineligible for a death sentence. See § 13-753(D).

¶ 4 After the evidentiary hearing, the respondent judge found Williams had “met his burden of showing that, at least currently, he presents with significantly sub-average general intellectual functioning” based on “[t]wo valid IQ test scores” of sixty-eight and seventy and the neuropsychological assessment performed by defense expert James Sullivan.2 But the respondent further found Williams had “not met his burden of showing that the mental impairment existed eoncur-rently with significant adaptive behavior impairment or that the onset of the conditions occurred before [he] reached the age of [eighteen].” Accordingly, the respondent denied Williams’s request to dismiss the state’s notice of its intent to seek the death penalty.

¶ 5 For the most part, Williams does not dispute the respondent judge’s thorough summary of the evidence presented at the hearing. Instead, he contends the respondent abused his discretion in applying § 13-753 “in such a manner that it violated the Eighth Amendment to the United States Constitution and article II § 15 of the Arizona Constitution.” But Williams does not articulate clearly the basis for a constitutional claim; instead, he challenges the respondent’s reliance on certain evidence and his rejection of other evidence in concluding Williams had failed to sustain his burden of proof. According to Williams, clear and convincing evidence not only established that he suffers from impairments in intellectual and adaptive functioning contemplated by § 13-753, but also established, as required, that the onset of these conditions occurred before the age of eighteen.

Discussion

¶ 6 At a hearing conducted in accordance with § 13-753, “the defendant has the burden of proving intellectual disability by clear and convincing evidence.” § 13-753(G); see also State v. Grell (Grell II), 212 Ariz. 516, ¶ 29, 135 P.3d 696, 702 (2006) (statute’s burden of proof requirements constitutionally permissible). We defer to the respondent judge’s factual findings if they “are supported by the record and not clearly erroneous.” State v. Rosengren, 199 Ariz. 112, ¶ 9, 14 P.3d 303, 307 (App.2000). Moreover, a trial judge “ ‘has broad discretion in determining the weight and credibility given to mental health evidence’” presented in an Atkins hearing. Grell II, 212 Ariz. 516, ¶ 58, [224]*224135 P.3d at 708, quoting State v. Doerr, 193 Ariz. 56, ¶ 64, 969 P.2d 1168, 1181 (1998). We review legal questions, including questions of constitutional law, de novo, id. ¶¶ 22, 55, but we will not upset a legal determination that evidence was insufficient to meet a clear and convincing standard unless we can say “as a matter of law that no one could reasonably find that the evidence ... was less than clear and convincing.” Groth v. Martel, 126 Ariz. 102, 103, 612 P.2d 1065, 1066 (App.1979); see also State v. West, 226 Ariz. 559, ¶ 15, 250 P.3d 1188, 1191 (2011) (“[Q]uestion of sufficiency of the evidence is one of law....”).

¶ 7 In Atkins, the United States Supreme Court held that executing a mentally retarded offender violates the Eighth Amendment’s ban on cruel and unusual punishment. 536 U.S. at 321, 122 S.Ct. 2242. The Court announced this categorical rule based on a “national consensus,” evinced by prohibitions enacted by state legislatures, that mentally retarded persons are “categorically less culpable than the average criminal” and more vulnerable to wrongful execution. Id. at 315-21, 122 S.Ct. 2242. According to the Court, “Mo the extent there is serious disagreement about the execution of mentally retarded offenders, it is in determining which offenders are in fact retarded.” Id. at 317, 122 S.Ct. 2242.

¶8 The Court cited clinical definitions of mental retardation found in the Diagnostic and Statistical Manual of Mental Disorders (4th ed. 2000) (DSM-TV), published by the American Psychiatric Association (APA), and Mental Retardation: Definition, Classification, and Systems of Supports (9th ed. 1992), published by the American Association on Mental Retardation (AAMR),3 stating that both definitions require evidence of “subaver-age intellectual functioning ... [and] significant limitations in adaptive skills such as communication, self-care, and self-direction that became manifest before age [eighteen].” 4 Id. at 318 & n. 3, 122 S.Ct. 2242. Adopting the approach it chose when it prohibited execution of offenders who are insane, the Court left “ ‘to the State[s] the task of developing appropriate ways to enforce the constitutional restriction upon [their] execution of sentences,’ ” noting that “statutory definitions of mental retardation” in states that legislatively had prohibited execution “are not identical, but generally conform to the clinical definitions” promulgated by the APA and the AAMR. Id. at 317 & n. 22, 122 S.Ct. 2242, quoting Ford v. Wainwright,

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Bluebook (online)
303 P.3d 532, 232 Ariz. 221, 660 Ariz. Adv. Rep. 34, 2013 WL 2152101, 2013 Ariz. App. LEXIS 98, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roosevelt-arthur-williams-v-state-of-arizona-arizctapp-2013.