Case Detail
CitationState v. Moody, 94 P.3d 1119 (Ariz. 2004)
Pros. First NameDavid
Pros. Last NameWhite
Trial Year2001
BodySupreme court
OpinionDefendant appealed to the Arizona Supreme Court, alleging inter alia five instances of prosecutor misconduct: "(1) appealing to the jurors' emotions in closing argument; (2) improperly using non-testifying doctors' opinions; (3) using the false [witness] information substantively in closing argument; (4) arguing the content of [the defendant's] videotaped interview; and (5) improperly stating the defense's burden of proof on the insanity defense." The Supreme Court, however, only found misconduct in the prosecution's raising jury fears that a not guilty by reason of insanity verdict would let the defendant walk free, but declined to overturn the conviction: "The prosecutor's 'cut loose' comment was irresponsible, inappropriate, and inflammatory. However, because it was an isolated comment, was promptly objected to, and was rendered less harmful by instructions by the court, we cannot conclude that the comment, by itself, denied Moody a fair trial."
Determination Year2004
Misconduct TypeTR: Inadmissible
TR: Inflammatory
TR: Mischaracterizing
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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