State of Arizona v. Shawn Ryan Grell

291 P.3d 350, 231 Ariz. 153, 653 Ariz. Adv. Rep. 7, 2013 WL 85349, 2013 Ariz. LEXIS 3
CourtArizona Supreme Court
DecidedJanuary 9, 2013
DocketCR-09-0199-AP
StatusPublished
Cited by9 cases

This text of 291 P.3d 350 (State of Arizona v. Shawn Ryan Grell) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Arizona v. Shawn Ryan Grell, 291 P.3d 350, 231 Ariz. 153, 653 Ariz. Adv. Rep. 7, 2013 WL 85349, 2013 Ariz. LEXIS 3 (Ark. 2013).

Opinions

OPINION

BERCH, Chief Justice.

¶ 1 Shawn Ryan Grell murdered his two-year-old daughter, Kristen Grell, by pouring gasoline on her and lighting her on fire.1 Following a bench trial on stipulated facts, the trial court found Grell guilty of first degree murder and sentenced him to death. While his direct appeal was pending, the United States Supreme Court issued Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), which prohibits states from executing defendants who have mental retardation. On appeal, we upheld Grell’s conviction but remanded the case to the trial court to determine whether Grell had mental retardation that would bar imposition of the death penalty. State v. Grell (Grell I), 205 Ariz. 57, 64, ¶ 43, 66 P.3d 1234, 1241 (2003). In 2005, the trial court determined that Grell did not meet his statutory burden of proving mental retardation by clear and convincing evidence, a finding we affirmed. See State v. Grell (Grell II), 212 Ariz. 516, 529, ¶ 63, 135 P.3d 696, 709 (2006). We nonetheless remanded the case again for resentencing because Grell had preserved his right to a jury sentencing under Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002). Grell II, 212 Ariz. at 529-30, ¶¶ 66-67, 135 P.3d at 709-10. The jury returned a death verdict, triggering this automatic appeal. We have jurisdiction under Article 6, Section 5(3) of the Arizona Constitution and A.R.S. § 13-4031 (2003).

I. ISSUES ON APPEAL

¶ 2 Grell raises several issues on appeal, most of which center around his claim that he suffers from mental retardation. While he concedes that he killed his daughter, he contends that Atkins requires us to reduce his sentence to life in prison because of his mental retardation. In light of our conclusion on independent review that Grell has proved mental retardation and our consequent reduction of Grell’s sentence to natural life, we do not address Grell’s other claims.

II. INDEPENDENT REVIEW

¶ 3 Because this capital murder occurred before August 1, 2002, we independently review the propriety of the death sentence. A.R.S. § 13-755(A) (Supp.2010).2

A. Aggravating Factors

¶ 4 The jury found three aggravating factors under A.R.S. § 13-751:(F)(2), conviction for a prior serious offense (robbery); (F)(6), the murder was especially heinous, cruel, or depraved; and (F)(9), the young age of the victim. On independent review, we find that the State proved all three aggravating factors beyond a reasonable doubt, but do not address them in detail in light of our conclusion that Grell is not subject to the death penalty by reason of mental retardation.

B. Mental Retardation

¶ 5 Arizona law defines mental retardation as a condition bearing three hallmarks: “[1] significantly subaverage general intellectual functioning, existing concurrently with [2] significant impairment in adaptive behavior, [3] where the onset of the foregoing conditions occurred before the defendant reached the age of eighteen.” A.R.S. § 13-[155]*155753(E)(3).3 In our independent review, we apply this statutory definition as a guide in determining whether Grell has established mental retardation, and, consistent with A.R.S. § 13-751(C), apply a preponderance of the evidence standard of proof for the penalty phase.

1. Subaverage intellectual functioning

¶ 6 “Significantly subaverage general intellectual functioning” is the touchstone for proving mental retardation and means “a full scale intelligence quotient [IQ] of seventy or lower,” A.R.S. § 13-753(K)(5). Grell has taken seven IQ tests since 1981. Discarding the lowest and highest scores, his remaining test scores were 72 (1981), 67 (1984), 69 (1984), 70 (1987), and 65 (1989), which demonstrate “significantly subaverage” intellectual functioning. The State therefore stipulated that Grell’s IQ scores satisfy the first statutory element of mental retardation, significantly subaverage general intellectual functioning. See Grell II, 212 Ariz. at 520, ¶ 16, 135 P.3d at 700.

2. Significantly impaired adaptive behavior

¶ 7 “ ‘Adaptive behavior’ means 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.” A.R.S. § 13-753(K)(1).

¶ 8 In 2005, after our first remand of this ease, the trial court considered testimony on Grell’s adaptive behavior from two defense experts, Drs. Globus and Wicks, and the State’s expert, Dr. Seialli.4 Relying on Grell’s educational and correctional records and their personal evaluations of Grell while he was incarcerated, Drs. Globus and Wicks opined that Grell had severe deficits in adaptive behavior. Dr. Seialli, however, diagnosed Grell with antisocial personality disorder. He relied on Grell’s educational and correctional records and found persuasive a Vineland Adaptive Behavior Scale, administered to Grell’s mother when Grell was approximately nine years old, which showed Grell’s adaptive skills as only slightly below average.

¶ 9 In 2005, the trial court relied heavily on Dr. Scialli’s opinions to find that Grell had not proved by clear and convincing evidence that he had significant deficits in adaptive behavior. We affirmed in 2006, deferring to the trial court’s determinations because “[reasonable minds [could] differ as to how to interpret the evidence presented.” Grell II, 212 Aiz. at 529, ¶ 63, 135 P.3d at 709.

¶ 10 Our current inquiry differs from that in Grell II. Here, we must independently review the evidence presented in the 2009 resentencing trial to determine whether Grell proved mental retardation by a preponderance of the evidence. See A.R.S. §§ 13-755; 13-751(C) (setting forth defendant’s standard of proof in penalty phase). This standard of proof is less demanding than the clear and convincing evidence standard required for a pre-trial finding that mental retardation barred imposition of the death penalty. See id. § 13-753(G) (providing for “clear and convincing” burden of proof for pre-trial Atkins determination).

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Bluebook (online)
291 P.3d 350, 231 Ariz. 153, 653 Ariz. Adv. Rep. 7, 2013 WL 85349, 2013 Ariz. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-arizona-v-shawn-ryan-grell-ariz-2013.