Case Detail
CitationState v. Morris, 160 P.3d 203 (Ariz. 2007)
Pros. First NameJuan
Pros. Last NameMartinez
Trial Year2005
BodySupreme court
OpinionThe Arizona Supreme Court held prosecutor misconduct to be harmless error in a 2005 murder trial. The "prosecutor invited jurors to put themselves in the place of the victims and singled out specific jurors based on appearance and gender. The prosecutor made the challenged comments while responding to defense counsel's argument that the jurors could not determine whether the victims suffered because they were intoxicated when they were killed. . . . Although the State argues that the prosecutor simply asked the jurors to apply common sense to the factual situation before them, the prosecutor's remarks did far more than make that request. Instead, the prosecutor singled out particular jurors and addressed them personally, playing on their sympathy for the victims and fears of the defendant. Such remarks constitute misconduct." However, defense counsel failed to object at trial, so the misconduct was reviewed under the harder standard of fundamental error, and the overwhelming evidence of guilt outweighed the misconduct.
Determination Year2007
Misconduct TypeT
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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