(Download) "State v. Clabourne" by Arizona Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: State v. Clabourne
- Author : Arizona Supreme Court
- Release Date : January 18, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
1 In November 1982, a jury convicted Scott Drake Clabourne of one count of first-degree murder, one count of kidnapping and three counts of sexual assault. He was sentenced to death for the murder and to four concurrent terms of fourteen years for the remaining counts. We affirmed the conviction and sentence. See State v. Clabourne, 142 Ariz. 335, 690 P.2d 54 (1984) (Clabourne I). In September 1993, the United States District Court for the District of Arizona found ineffective assistance of counsel during the capital sentencing phase of Clabournes trial and remanded the case for resentencing. The United States Court of Appeals for the Ninth Circuit affirmed. Clabourne v. Lewis, 64 F.3d 1373 (9th Cir. 1995) (Lewis). In August 1997, Clabourne was resentenced to death for the murder and to four consecutive fourteen-year terms for the felony convictions. Appeal to this court is automatic under Rules 26.15 and 31.2(b) of the Arizona Rules of Criminal Procedure, and direct under A.R.S. § 13-4031 (1989). The State cross appealed. We affirm the death sentence but vacate the resentencing courts imposition of consecutive non-capital sentences and reinstate the original order that runs the non-capital sentences concurrently.