Case Detail
CitationState v. Martinez, 282 P.3d 409 (Ariz. 2012)
Pros. First NameJeannette
Pros. Last NameGallagher
Trial Year2006
BodySupreme court
OpinionThe Arizona Supreme Court held in a murder case that the prosecutor's behavior of eye-rolling and audible sighing constituted improper vouching and ex-parte communication with the jury but was not enough to reverse the conviction. "Although the prosecutor's conduct does not amount to reversible error, we again strongly disapprove of such courtroom behavior. Trial courts should promptly address this type of misbehavior by warnings to counsel and other steps as may be appropriate. Arizona attorneys pledge to 'maintain the respect due to courts of justice and judicial officers,' to 'abstain from all offensive conduct,' and to adhere to 'a lawyer's creed of professionalism.” Ariz. R. Sup.Ct. 31 (The Oath of Admission to the Bar). Eye-rolling, dramatic sighing, and other expressions of displeasure in a courtroom violate these standards. This is unacceptable behavior from any attorney, but especially from a prosecutor, who serves as a 'minister of justice.'”
Determination YearUKN
Misconduct TypeTR: Vouching
TR: Other
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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