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Thread: Aaron Brian Gunches - Arizona Death Row

  1. #31
    Senior Member CnCP Legend Mastro Titta's Avatar
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    The brief is very well written. Do we know when the Court will rule on the matter?
    Last edited by Mastro Titta; 03-14-2023 at 12:20 PM.

  2. #32
    Moderator Bobsicles's Avatar
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    I don’t know. Could be in a few days or a few days before the execution. We just have to wait.
    Thank you for the adventure - Axol

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  3. #33
    Moderator Bobsicles's Avatar
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    AZ Supreme Court will consider ordering Hobbs and DOC to execute Aaron Gunches

    By Jimmy Jenkins
    The Arizona Republic

    The Arizona Supreme Court will consider a petition to order Gov. Katie Hobbs and the Department of Corrections director to carry out the execution of death row prisoner Aaron Gunches, despite the governor's previous statement that she would not carry out the execution until a review of Arizona’s death penalty process is complete.

    Gunches was sentenced to death for the 2002 murder of Ted Price, a former longtime boyfriend of Gunches' girlfriend. Gunches kidnapped and shot Price multiple times in a desert area off the Beeline Highway.

    Gunches initially asked for his death sentence to be carried out as soon as possible, to deliver justice to the victim’s family. But he changed his mind and filed a subsequent motion asking the court to withdraw his request, citing concerns about the state’s ability to execute people safely and effectively.

    Upon taking office in January, Attorney General Kris Mayes filed a motion to withdraw the state’s request for a death warrant for Gunches, which was filed by her predecessor, Mark Brnovich.

    Hobbs appointed a death penalty oversight commissioner to investigate Arizona's execution process and said the state would pause executions until the review was complete.

    Arizona's high court ignored the requests and granted the warrant. The court set an execution date for April 6.

    The Arizona Board of Executive Clemency has scheduled a clemency hearing for Gunches on March 26.

    In reaction to the Supreme Court's decision, Hobbs said she would not act on the warrant, citing the ongoing work of the independent commissioner.

    Crime victim advocate Colleen Clase, representing the Price's sister Karen Price, filed a petition with the state Supreme Court asking for the sentence to be carried out.

    Maricopa County Attorney Rachel Mitchell also asked the state Supreme Court to compel Hobbs to enforce the warrant of execution granted by the high court and carry out Gunches' sentence.

    Gunches, in his most recent filing, said he has "not changed his mind" and still wants to be executed. Gunches asked to be transferred to Texas "where the law is still followed and inmates can still get their sentences carried out."

    The court denied his request.

    Gunches also asked the Arizona Supreme Court to "send all notifications, orders, filings" to his prison-issued tablet through the email service available to prisoners, because he said he is not receiving court documents in a timely fashion. The court denied his request, saying it would continue using U.S. mail, as well as sending documents to his advisory counsel, who can then forward them to him via the prison email system.

    Gunches did not respond to an email inquiring about his most recent requests.

    On Monday, the court granted Clase's request to expedite a briefing schedule for the request to compel Hobbs to carry out the warrant.

    The briefing is due on Thursday, after which time the court will rule on the petition.

    Justice John R. Lopez IV, Justice James P. Beene, and Justice William G. Montgomery are recused from the case. John Pelander, Justice (Retired) of the Arizona Supreme Court, was designated to sit on this case until it is finally determined, according to the court.

    https://www.azcentral.com/story/news...s/70009834007/
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  4. #34
    Senior Member CnCP Legend Neil's Avatar
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    If they force Hobbs to execute then this court should take the place of the current justices. They got balls.

  5. #35
    Moderator Bobsicles's Avatar
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    That would make ASC so based.

    Mayes is a joke anyway. Her whole Twitter is about DACA and how much she loves migrants.
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  6. #36
    Administrator Aaron's Avatar
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    That they're "considering" it doesn't mean much. SCOTUS considers the stay applications it routinely rejects. And even if the AZSC rules for the execution I'm sure they'll find another way not to do it. Don't get your hopes up.

    And of course she would love DACA and migrants since they are the key to keeping AZ a Democratic stronghold. Unlike Republicans, Democrats know who their constituency is.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  7. #37
    Senior Member CnCP Legend Mike's Avatar
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    Arizona Supreme Court won’t review Hobbs’ refusal to carry out execution of Aaron Gunches

    13 News

    The Arizona Supreme Court on Wednesday, March 22, said it will not review Gov. Katie Hobbs’ refusal to execute a death row inmate.

    In early March, Hobbs vowed her administration would not carry out an execution even though the state Supreme Court scheduled it over the objections of the state’s new attorney general.

    The Democratic governor’s promise not to execute Aaron Gunches on April 6 for his murder conviction in a 2002 killing came a day after the state Supreme Court said it must grant an execution warrant if certain appellate proceedings have concluded — and that those requirements were met in Gunches’ case.

    In late February, Hobbs appointed retired U.S. Magistrate Judge David Duncan to examine the state’s procurement of lethal injection drugs and other death penalty protocols due to the state’s history of mismanaging executions.

    Attorney General Kris Mayes’ office had said it won’t seek court orders to carry out executions while Hobbs’ review is underway.

    Mayes, a Democrat who took office in January, tried to withdraw a request by her Republican predecessor, Mark Brnovich, for a warrant to Gunches. The court declined to withdraw the request on Thursday.

    Hobbs had maintained that while the court authorized Gunches’ execution, its order doesn’t require the state to actually carry out the order.

    The Maricopa County Attorney’s Office, which prosecuted Gunches, issued a statement saying it believes Hobbs “has a constitutional and statutory responsibility to carry out all sentences, including the execution of Aaron Gunches.”

    Arizona, which has 110 prisoners on death row, carried out three executions last year after a nearly eight-year hiatus following criticism that a 2014 execution was botched and because of difficulties obtaining execution drugs.

    Since resuming executions, the state has been criticized for taking too long to insert an IV for lethal injection into a prisoner’s body in early May and for denying the Arizona Republic newspaper’s request to witness the last three executions.

    Gunches was scheduled to be executed on April 6 for the 2002 killing of Ted Price, his girlfriend’s ex-husband, in Maricopa County.

    Gunches, who isn’t a lawyer, represented himself in November when he asked the Supreme Court to issue his execution warrant so justice could be served and the victims could get closure. In Brnovich’s last month in office, his office asked the court for a warrant to execute Gunches.

    But Gunches withdrew his request in early January, and Mayes asked for the execution warrant submitted during Brnovich’s tenure to be withdrawn.

    https://www.kold.com/2023/03/23/ariz...aaron-gunches/
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  8. #38
    Moderator Bobsicles's Avatar
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    So I guess Gunches will not be executed despite wanting to be. So much for pro-choice.
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  9. #39
    Moderator Bobsicles's Avatar
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    Arizona judge will decide if more time or evidence is needed in execution warrant dispute

    By Jimmy Jenkins
    The Arizona Republic

    determine if more time is needed or if an evidentiary hearing is necessary in a dispute over the Governor's refusal to carry out the execution of Aaron Gunches.

    Gunches was sentenced to death for the 2002 murder of Ted Price, a former longtime boyfriend of Gunches' girlfriend. Gunches kidnapped and shot Price multiple times in a desert area off the Beeline Highway.

    The Arizona Supreme Court issued a warrant that authorized the governor to execute Gunches on April 6, but Gov. Katie Hobbs has pledged not to carry it out pending a review of the execution process.

    Judge Frank Moskowitz scheduled the hearing in response to a complaint from the Price family, who claim the governor's refusal to act on a warrant for Gunches' execution amounts to a denial of their rights as crime victims as guaranteed in the Arizona Constitution.

    The Superior Court hearing was scheduled for 1:30 p.m. Thursday.

    https://news.yahoo.com/arizona-judge...141429355.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  10. #40
    Moderator Bobsicles's Avatar
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    Arizona Supreme Court rejects bid to reschedule execution

    PHOENIX (AP) — The Arizona Supreme Court declined Wednesday to reschedule an execution initially set for this week that looked unlikely to be carried out after Gov. Katie Hobbs’ office said the state wasn’t prepared to enforce the death penalty.

    In an order, the court rejected setting a May 1 execution date for prisoner Aaron Gunches for his murder conviction in the 2002 killing of Ted Price near the Phoenix suburb of Mesa. The execution was originally scheduled for Thursday.

    Hobbs, who has ordered a review of Arizona’s death penalty protocols due to the state’s history of mismanaging executions, had vowed not to enforce any death sentences until there’s confidence the state can enforce the death penalty without violating the law.

    In late March, the state Supreme Court rejected a request from Price’s sister, Karen Price, to order Hobbs to carry out the execution. The court concluded Hobbs wasn’t required to do so.

    Price’s sister and his daughter, Brittany Kay, have since filed a lawsuit that seeks to force Hobbs to execute Gunches.

    Colleen Clase, an attorney for Karen Price who focuses on crime victims' rights, did not respond to an email and text request for comment Wednesday.

    Maricopa County Attorney Rachel Mitchell had also asked the court to extend the execution warrant by 25 days. Representatives from her office also did not respond to an email request seeking comment.

    Gunches had pleaded guilty to a murder charge in the shooting death of Ted Price, who was his girlfriend’s ex-husband.

    Lawyers for Hobbs have said the state lacks staff with expertise to carry out an execution, was unable to find an IV team to carry out the lethal injection and doesn’t currently have a contract for a pharmacist to compound the pentobarbital needed for an execution. They also said a top corrections leadership position that’s critical to planning executions remains unfilled.

    An email requesting a response from the governor’s office was also unanswered.

    Some requirements for carrying out executions under the state’s death penalty protocol have not been met in Gunches’ case.

    The corrections department said the warrant of execution issued by the state Supreme Court wasn’t read to Gunches. And Gunches wasn’t moved to a special “death watch” cell where he would be monitored around the clock and remain until his execution.

    Arizona, which currently has 110 prisoners on death row, carried out three executions last year. That followed a nearly eight-year hiatus brought on by criticism that a 2014 execution was botched and because of difficulties obtaining execution drugs.

    Since then, the state has been criticized for taking too long to insert an IV for lethal injection into a condemned prisoner’s body and for denying the Arizona Republic permission to witness the three executions.

    Gunches, who is not a lawyer, represented himself in November when he asked the Supreme Court to issue his execution warrant, saying justice could be served and the victim’s families could get closure. In his last month in office, Republican Attorney General Mark Brnovich asked the court for a warrant to execute Gunches.

    Gunches then withdrew his request in early January, and newly elected Democratic Attorney General Kris Mayes later asked for the warrant to be withdrawn.

    The state Supreme Court rejected Mayes’ request, saying that it must grant an execution warrant if certain appellate proceedings have concluded and that those requirements were met in Gunches’ case.

    Gunches switched courses again, saying now that he wants to be executed and asked to be transferred to Texas, where, he wrote, “inmates can still get their sentences carried out.” Arizona’s high court denied the transfer.

    https://www.kgun9.com/news/state/ari...dule-execution
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

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