State v. Willits
A plain-English summary from Criminal Defense Resources™, a free resource for pro per/pro se defendants and their families.
- Decided
- Citation
- 96 Ariz. 184, 393 P.2d 274 (1964)
What did the court decide?
The Arizona Supreme Court held that the trial judge should have given the jury an instruction the defense asked for: if the jury found that the State had destroyed or failed to keep evidence, it could infer that the evidence would have been unfavorable to the State. Because the instruction was refused, the court reversed the conviction and sent the case back for a new trial.
Why does it matter?
This case is the source of the "Willits instruction" used in Arizona courts. A Willits instruction tells jurors they may (but do not have to) infer that lost or destroyed evidence would have hurt the prosecution. Defendants usually ask for one near the end of trial, when evidence such as a recording, a physical item, or a test sample was not preserved by police or prosecutors. Other states have their own rules for lost evidence, and the federal due process rules are different.
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.