State v. Sansing

77 P.3d 30, 206 Ariz. 232, 409 Ariz. Adv. Rep. 23, 2003 Ariz. LEXIS 125
CourtArizona Supreme Court
DecidedSeptember 24, 2003
DocketCR-99-0438-AP
StatusPublished
Cited by54 cases

This text of 77 P.3d 30 (State v. Sansing) 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 v. Sansing, 77 P.3d 30, 206 Ariz. 232, 409 Ariz. Adv. Rep. 23, 2003 Ariz. LEXIS 125 (Ark. 2003).

Opinions

SUPPLEMENTAL OPINION

McGREGOR, Vice Chief Justice.

II1 On September 18, 1998, Sansing pled guilty to first degree murder, kidnapping, armed robbery, and sexual assault. The trial judge conducted a sentencing hearing to determine if any aggravating and mitigating circumstances existed. A.R.S. § 13-703.B (2001).1 The judge found that the State proved, beyond a reasonable doubt, two aggravating circumstances: (1) Sansing committed the crime in expectation of the receipt of pecuniary gain, A.R.S. section 13-703.F.5; and (2) Sansing committed the murder in an especially cruel, heinous, or depraved manner, A.R.S. section 13-703.F.6. The trial judge found Sansing failed to prove any statutory mitigating circumstances, A.R.S. section 13-703.G., but found Sansing established five non-statutory mitigating circumstances: (1) impairment from the use of crack cocaine; (2) difficult childhood; (3) acceptance of responsibility and remorse; (4) lack of education; and (5) family support. The judge determined that the mitigating circumstances were not sufficiently substantial to outweigh the aggravating circumstances and therefore sentenced Sansing to death. A.R.S. § 13-703.E.

¶ 2 We affirmed Sansing’s convictions and sentences on his direct appeal. State v. Sansing, 200 Ariz. 347, 361 ¶ 47, 26 P.3d 1118, 1132 (2001). We struck the pecuniary gain finding, concurred with the trial court’s finding of cruelty, and did not address the question of heinousness or depravity. Id. at 356, 358 ¶¶ 24, 34, 26 P.3d at 1127, 1129. After independently reweighing the aggravating and mitigating circumstances, we affirmed Sansing’s death sentence. Id. at 360 ¶ 45, 26 P.3d at 1131.

¶ 3 The United States Supreme Court vacated the Sansing judgment and remanded for further consideration in light of Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002) (Ring II). Sansing v. Arizona, 536 U.S. 954, 122 S.Ct. 2654, 153 [235]*235L.Ed.2d 830 (2002) (mem.). The only issue before this court is whether reversible error occurred when the trial judge sentenced John Edward Sansing to death under a procedure that violated Ring II. We conclude that the Ring II violation constituted harmless error.

I.

¶ 4 In Ring II, the United States Supreme Court held that Arizona’s former capital sentencing scheme violated the right to a jury trial guaranteed by the Sixth Amendment to the United States Constitution. Ring II, 536 U.S. at 609, 122 S.Ct. at 2443. The Court declared that “[cjapital defendants, no less than non-capital defendants ... are entitled to a jury determination of any fact on which the legislature conditions an increase in their maximum punishment.” Id. at 589, 122 S.Ct. at 2432. The Court reversed our decision in State v. Ring, 200 Ariz. 267, 25 P.3d 1139 (2001) (Ring I), and remanded for further proceedings consistent with its decision. Ring II, 536 U.S. at 609, 122 S.Ct. at 2443.

If 5 Following the Supreme Court’s Ring II decision, we consolidated all death penalty cases for which we had not yet issued a direct appeal mandate to determine whether Ring II requires us to reverse or vacate the defendants’ death sentences. In State v. Ring, 204 Ariz. 534, 555 ¶ 53, 65 P.3d 915, 936 (2003) (Ring III), we held that we will examine a death sentence imposed under Arizona’s superseded capital sentencing statutes for harmless error.2 “In cases in which a defendant stipulates, confesses or admits to facts sufficient to establish an aggravating circumstance, we will regard that factor as established.” Id. at 563 ¶ 93, 65 P.3d at 944. As we further explained, “[o]ur harmless error inquiry then focuses on whether no reasonable jury could find that the mitigation evidence adduced during the penalty phase is ‘sufficiently substantial to call for leniency.’ ” Id. (quoting A.R.S. § 13-703.E).

II.

¶ 6 To establish the F.6 aggravating circumstance, the state needs to prove beyond a reasonable doubt only one of the heinous, cruel, or depraved elements. State v. Gretzler, 135 Ariz. 42, 51, 659 P.2d 1, 10 (1983). The term especially cruel refers to the mental anguish or physical pain that the victim suffered prior to death. State v. Trostle, 191 Ariz. 4, 18, 951 P.2d 869, 883 (1997). Heinousness and depravity encompass the “mental state and attitude of the perpetrator as reflected in his words and actions.” State v. Clark, 126 Ariz. 428, 436, 616 P.2d 888, 896 (1980).

A.

¶ 7 For the especially cruel element to exist, the trier of fact must find beyond a reasonable doubt that “the victim consciously experienced physical or mental pain prior to death.” Trostle, 191 Ariz. at 18, 951 P.2d at 883. The victim, however, does not need to be conscious for “each and every wound” inflicted for cruelty to apply. See State v. Lopez (Lopez I), 163 Ariz. 108, 115, 786 P.2d 959, 966 (1990).

¶8 Sansing’s admissions and stipulations, coupled with uncontroverted evidence presented at his sentencing hearing, painted a chilling picture of the events leading to Trudy’s death. Admitted and stipulated facts indisputably establish that he murdered Trudy in an especially cruel manner.3 The testi[236]*236mony of Sansing’s wife Kara and of the medical examiner provide further evidence of the cruelty.

¶ 9 On February 24, 1998, Sansing called the Victory Assembly Church to request a delivery of food for his family. When that church could not assist him, he called the Living Springs Assembly of God Church and made the same request. In response, Trudy Calabrese delivered two food boxes to the Sansing home. Before Trudy could leave, Sansing grabbed her from behind, threw her to the floor, and bound her wrists and ankles. Using a wooden club, Sansing then struck Trudy on the head with force sufficient to break the club into two pieces. Sansing later dragged Trudy into his bedroom, where he sexually assaulted her. He also stabbed her in the abdomen three times with a kitchen knife. The medical examiner determined the cause of death was multiple stab wounds and blunt force head trauma.

¶ 10 It took Sansing approximately fifteen minutes to subdue Trudy after first attacking her. Kara Sansing testified that Trudy fought a great deal. The medical examiner observed defensive wounds on Trudy’s hands and wrists. Trudy begged the Sansing children to call 9-1-1, but Sansing ordered them to watch television. Ail four children told police that Trudy prayed for help. Kara’s testimony corroborates her children’s statements. She testified that before being struck Trudy pleaded, “God, please help me____ If this is the way you want me to come home, then I will come home.” Trudy’s defensive wounds, her pleas for help, and her attempts to resist Sansing’s attack leave no doubt Trudy suffered mental anguish as she contemplated her ultimate fate. See State v. Carriger, 143 Ariz.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Clabourne v. Shinn
D. Arizona, 2023
John Sansing v. Charles Ryan
997 F.3d 1018 (Ninth Circuit, 2021)
State of Arizona v. Dauntorian Lydel Sanders
425 P.3d 1056 (Arizona Supreme Court, 2018)
State of Arizona v. Mark Goudeau
372 P.3d 945 (Arizona Supreme Court, 2016)
Busso-Estopellan v. Hon. mroz/state
364 P.3d 472 (Arizona Supreme Court, 2015)
State of Arizona v. Shawn Patrick Lynch
357 P.3d 119 (Arizona Supreme Court, 2015)
State v. Israel Joseph Naranjo
321 P.3d 398 (Arizona Supreme Court, 2014)
State of Arizona v. Trent Christopher Benson
307 P.3d 19 (Arizona Supreme Court, 2013)
Michael Murdaugh v. Charles Ryan
724 F.3d 1104 (Ninth Circuit, 2013)
Poyson v. Ryan
743 F.3d 1185 (Ninth Circuit, 2013)
State of Arizona v. Dale Shawn Hausner
280 P.3d 604 (Arizona Supreme Court, 2012)
State of Arizona v. James Darrell Johnson
Court of Appeals of Arizona, 2012
State v. Johnson
276 P.3d 544 (Court of Appeals of Arizona, 2012)
State v. Snelling
236 P.3d 409 (Arizona Supreme Court, 2010)
State v. Villalobos
235 P.3d 227 (Arizona Supreme Court, 2010)
State v. Lynch
234 P.3d 595 (Arizona Supreme Court, 2010)
State v. Garcia
226 P.3d 370 (Arizona Supreme Court, 2010)
State v. Kiles
213 P.3d 174 (Arizona Supreme Court, 2009)
State v. Moore
213 P.3d 150 (Arizona Supreme Court, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
77 P.3d 30, 206 Ariz. 232, 409 Ariz. Adv. Rep. 23, 2003 Ariz. LEXIS 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sansing-ariz-2003.