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STATE v. GRELL

No. CR-09-0199-AP.

291 P.3d 350 (2013)

STATE of Arizona, Appellee, v. Shawn Ryan GRELL, Appellant.

Supreme Court of Arizona, En Banc.

January 9, 2013.

Attorney(s) appearing for the Case

Thomas C. Horne , Arizona Attorney General, by Kent E. Cattani , Chief Counsel, Criminal Appeals/Capital Litigation, Phoenix, Amy Pignatella Cain , Assistant Attorney General, Tucson, Attorneys for State of Arizona.

Law Office of Treasure Vandreumel, P.L.C., by Treasure L. VanDreumel , Phoenix, Attorney for Shawn Ryan Grell.

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

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