Tison v. Arizona

holding that the shooting of a bar owner and a patron during the course of a robbery was not heinous or depraved | recognizing right to eliminate those who would automatically vote to impose death penalty in spite of the evidence | recognizing right to eliminate those who would automatically vote to impose death penalty in spite of the evidence | holding “[a] verbal demand is not the talisman of an intent to steal”; “[s]uch intent may also be inferred from actions or conduct” | three shot and injured inside store; two shot and killed in the parking lot as defendant fled | cause of death was strangulation which occurred during the criminal episode of kidnapping and attempted rape | death penalty affirmed to nontrig-german where ‘heinous atrocious cruel’ and pecuniary gain aggravating circumstances applied vicariously | fear and emotional strain of abduction and attempted rape on eight-year-old girl prior to instantaneous death by strangulation was heinous, atrocious and cruel | death caused by neck wound or strangulation, defendant inserted umbrellas in victim’s vaginal and rectal cavities | while pain suffered from a single stab wound alone might not make this murder heinous, atrocious, and cruel, the attack occurred while the victim lay asleep on his bed | three people shot and injured in store and two people shot and killed in the parking lot as defendant fled | three people shot and injured in store and two people shot and killed in the parking lot as defendant fled | cause of death was head injuries which occurred during the criminal episode of robbery and/or burglary | homicides were committed to secure a vehicle in which assailants could continue their flight | death penalty not cruel and unusual punishment and not arbitrarily and capriciously imposed | unnecessary murder of victims, including two-year-old child, in no position to thwart murderer’s escape | unnecessary murder of victims, including two-year-old child, in no position to thwart murderer's escape | defendant confessed to choking 63-year-old widow with bare hands, strangling her with rope, and cutting her throat; victim was found with one umbrella inserted into her vagina and another in her rectum | defendant confessed to choking 63-year-old widow with bare hands, strangling her with rope, and cutting her throat; victim was found with one umbrella inserted into her vagina and another in her rectum | three shot and injured inside store; two shot and killed in the parking lot as defendant fled | homicides were committed to secure a vehicle in which assailants could continue their flight | homicides were committed to secure a vehicle in which assailants could continue their flight | despite young age, minimal prior criminal activity of defendant, and convictions based on the felony murder rule, death penalty affirmed upon finding that the killings were done for pecuniary gain and in an especially cruel, heinous or depraved manner | despite young age, minimal prior criminal activity of defendant, and convictions based on the felony murder rule, death penalty affirmed upon finding that the killings were done for pecuniary gain and in an especially cruel, heinous or depraved manner | “conspiracy” instruction was proper although the defendant was not indicted for conspiracy | improper remarks made by the prosecutor during closing argument did not prejudice defendant | assailant in ski mask shot and killed tavern bartender and patron | assailant in ski mask shot and killed tavern bartender and patron | challenge to constitutionality of death penalty statute not sufficient | family members witnessed other family members' executions | family members witnessed other family members’ executions | armed robbery, kidnapping and theft