State v. Glissendorf
A plain-English summary from Criminal Defense Resources™, a free resource for pro per/pro se defendants and their families.
- Decided
- Citation
- 235 Ariz. 147, 329 P.3d 1049 (2014)
What did the court decide?
The Arizona Supreme Court explained when a defendant is entitled to a Willits instruction: the defendant must show that the State failed to preserve material and reasonably accessible evidence that could have had a tendency to exonerate the accused, and that this caused prejudice. The defendant does not have to prove that the lost evidence would actually have cleared him. In this case a detective's recorded interview of the accuser had been lost, the trial court refused the instruction, and because the State could not show the error was harmless, the court reversed the convictions.
Why does it matter?
It is the leading modern Arizona case on Willits instructions and builds directly on State v. Willits. It also notes that a Willits instruction is not given just because police could have investigated more thoroughly; it is about evidence the State had and did not keep.
Where can I read the full opinion?
Read the full opinion on CourtListener →
Always read the full opinion and check whether later cases have limited or changed it. A summary can leave out important details.