Case Detail
CitationState v. Roque, 141 P.3d 368 (Ariz. 2006)
Pros. First NameVince
Pros. Last NameImbordino
Trial Year2003
BodySupreme court
OpinionThe Arizona Supreme Court addressed a variety of prosecutor misconduct claims arising from a murder trial but ultimately ruled any error was harmless. Misconduct included the prosecution improperly injecting his opinion as to the validity of a psychiatric test, intentionally raising baseless challenges to defendant's expert witness's qualifications, and intentionally failing to disclose testimony by one of the prosecution's expert witnesses. In weighing the cumulative effect of the misconduct, the Court summarized: "The prosecutors testified as to the validity of tests, asked a defense expert harassing and unfounded questions, and failed to disclose the extent of the State expert's testimony on the central issue in this capital case. [W]e cannot say that the cumulative effect of the misconduct here so permeated the entire atmosphere of the trial with unfairness that it denied Roque due process. . . . We recognize in particular that the prosecutors' failure to disclose the scope of [expert witness] testimony was improper and potentially prejudicial, but the defense did not make a good faith effort to resolve that discovery dispute. As a result, we cannot now assess the prejudice the defendant may ultimately have suffered. The cumulative effect of the incidents of misconduct in this case thus does not warrant reversal."
Determination Year2006
Misconduct TypePT: Brady
TR: Inadmissible
TR: Inflammatory
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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