State v. Eddington

244 P.3d 76, 226 Ariz. 72, 597 Ariz. Adv. Rep. 4, 2010 Ariz. App. LEXIS 229
CourtCourt of Appeals of Arizona
DecidedDecember 17, 2010
Docket2 CA-CR 2008-0377
StatusPublished
Cited by19 cases

This text of 244 P.3d 76 (State v. Eddington) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Eddington, 244 P.3d 76, 226 Ariz. 72, 597 Ariz. Adv. Rep. 4, 2010 Ariz. App. LEXIS 229 (Ark. Ct. App. 2010).

Opinions

[75]*75 OPINION

ECKERSTROM, Judge.

¶ 1 Following a jury trial, appellant Douglas Eddington was convicted of second-degree murder and sentenced to sixteen years’ imprisonment. On appeal, he argues the trial court’s refusal to strike a potential juror for cause requires reversal. He also contends his conviction should be reversed or reduced because the jury received defective instructions regarding second-degree murder and the consideration of lesser offenses. We conclude the court erred in refusing to strike the challenged juror for cause given that he was a peace officer employed by the same office that had investigated the case. Finding no prejudice, however, we affirm.

Background1

¶ 2 After an investigation by the Pima County Sheriffs Department, Eddington and two codefendants were charged with first-degree murder. During voir dire on the first day of trial, a venireman testified he was a Pima County sheriffs deputy and knew between one-thii’d and one-half of the state’s fourteen potential witnesses from the sheriffs department, including the lead detective, Christopher Hogan. The deputy further stated he currently was assigned to provide security at the Pima County Superior Court. He also stated without elaboration that he understood why there were two security officers in the courtroom, a comment which suggested he knew Eddington was being held in custody.2

¶ 3 Based on these facts, Eddington moved the trial court to strike the deputy for cause. The court denied the motion, referring to the deputy’s repeated avowals that he could be a fair and impartial juror and would not treat the testimony of law enforcement officers differently from that of any other witness. “[GJiven the record ... we have in terms of the questions and the responses,” the court concluded, “there’s not sufficient basis to strike him for cause.” Eddington subsequently removed the deputy from the panel by use of a peremptory strike. Eddington was ultimately acquitted of first-degree murder but convicted of second-degree murder and sentenced as noted above. This appeal followed.

Motion to Strike

¶ 4 Eddington contends his conviction should be reversed because the trial court erred in denying his motion to strike the deputy for cause. Eddington specifically urged the court to strike the deputy from the venire panel because the deputy “work[ed] for the same agency” as “all the law enforcement witnesses,”3 because he “kn[ew] a third of the witnesses,” and because the deputy was aware Eddington was in custody.4

¶ 5 As a general matter, a trial court must dismiss a juror for cause when “there is [a] reasonable ground to believe that [the] juror cannot render a fair and impartial verdict.” Ariz. R.Crim. P. 18.4(b). The party challenging the juror bears the burden of establishing that the juror could not be unbiased and fair. State v. Trostle, 191 Ariz. 4, 13, 951 P.2d 869, 878 (1997). “In assessing a potential juror’s fairness and impartiality, the trial court has the best opportunity to observe prospective jurors and thereby judge the credibility of each.” State v. Hoskins, 199 Ariz. 127, ¶ 37, 14 P.3d 997, 1009 (2000). We therefore review a trial [76]*76court’s assessment of that question only for a clear abuse of discretion. Id.

¶ 6 Under the above standards, a peace officer is not automatically barred from serving as a juror. See State v. Hill, 174 Ariz. 313, 319, 321, 848 P.2d 1375, 1381, 1383 (1993) (finding no abuse of discretion in court’s refusal to strike police officer for cause); see also A.R.S. § 21-202(B)(5) (giving peace officers option to be excused from jury service). Although “the impartiality of a potential juror who is personally acquainted with individuals involved in the prosecution is necessarily suspect,” such acquaintances alone are not grounds for automatic disqualification. Hill, 174 Ariz. at 319, 848 P.2d at 1381.

¶ 7 However, any individual is disqualified by law from sitting on a jury if he or she is “interested directly or indirectly in the matter under investigation.” A.R.S. § 21-211(2). We review the applicability of a statutory provision de novo and are not bound by the trial court’s conclusions of law. See Reeder v. Johnson, 225 Ariz. 312, ¶ 6, 238 P.3d 123, 125 (App.2010) (appellate court not bound by trial court’s legal conclusions or conclusions on mixed questions of law and fact); State v. Gonzalez, 216 Ariz. 11, ¶ 2, 162 P.3d 650, 651 (App.2007) (questions of statutory application reviewed de novo); see also Lopez v. Farmers Ins. Co. of Ariz., 177 Ariz. 371, 373-75, 868 P.2d 954, 956-58 (1993) (concluding venirepersons insured by insurer which was a party to the ease had interest in case necessitating disqualification under § 21-211(2) notwithstanding trial court’s finding they could be “fair and impartial”).

¶ 8 We hold that when a peace officer5 is currently employed by the same agency, office, or department that conducted the investigation in a criminal case, that officer has, at minimum, an indirect interest in the case and must therefore be stricken for cause from a venire panel under § 21-211(2).6 In any criminal prosecution, law enforcement officers and prosecutors work together as agents of the state. See State v. Lane, 69 Ariz. 236, 243-44, 211 P.2d 821, 826 (1949) (“Whatever investigation the sheriff made as an agent of the state was made for the benefit of the county attorney as an agent of the state in enabling him to successfully prosecute the offender____”); State ex rel. Romley v. Superior Court, 172 Ariz. 232, 239, 836 P.2d 445, 452 (App.1992) (identifying law enforcement officers as “agent[s] of the state”). Indeed, as our rules of procedure reflect, police investigators often literally serve beside prosecutors in the courtroom in attempting to prove the state’s case. Ariz. R.Crim. P. 9.3(d) (allowing prosecutor “presence of one investigator at counsel table”); e.g., State v. Jones, 185 Ariz. 471, 483, 917 P.2d 200, 212 (1996) (detective was Rule 9.3(d) investigator seated at counsel table); State v. Williams, 183 Ariz. 368, 379, 904 P.2d 437, 448 (1995) (two investigating detectives from different police agencies seated at counsel table).

¶ 9 Although prosecutors and peace officers alike have a broad interest in attaining justice in every case, see State v. Hughes, 193 Ariz. 72, ¶ 33, 969 P.2d 1184, 1192 (1998), peace officers, like prosecutors, also have a particular interest in seeing that the criminal cases their offices have investigated and developed are successfully prosecuted. Our jurisprudence recognizes that law enforcement can often become a “ ‘competitive enterprise,’ ” just like any other human endeavor. State v. Watting, 104 Ariz. 354, 358, 453 P.2d 500, 504 (1969), quoting Giordenello v. United States, 357 U.S. 480, 486, 78 S.Ct. 1245, 2 L.Ed.2d 1503 (1958). If nothing else, a prosecution that results in a conviction closes a case and thereby conserves a police department’s limited resources.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Arizona v. Max G. Moreno
Court of Appeals of Arizona, 2026
State v. Brooks
Court of Appeals of Arizona, 2024
State v. Santana
Court of Appeals of Arizona, 2024
State of Arizona v. Dimitri Polanco Romero
556 P.3d 305 (Court of Appeals of Arizona, 2024)
State v. Njike
Court of Appeals of Arizona, 2024
Young v. Shinn
D. Arizona, 2024
State of Arizona v. Jose Luis Jimenez
534 P.3d 516 (Court of Appeals of Arizona, 2023)
State v. Eschrich
Court of Appeals of Arizona, 2019
State of Arizona v. Jose Alejandro Acuna Valenzuela
426 P.3d 1176 (Arizona Supreme Court, 2018)
State v. Taylor
Court of Appeals of Arizona, 2017
State v. Sanchez
Court of Appeals of Arizona, 2015
State v. McPherson
Court of Appeals of Arizona, 2015
State v. Leker
Court of Appeals of Arizona, 2015
State of Arizona v. Christepher E. Lua
350 P.3d 805 (Arizona Supreme Court, 2015)
State of Arizona v. Oscar Castillo Mendoza
321 P.3d 424 (Court of Appeals of Arizona, 2014)
State of Arizona v. Douglas Lee Eddington
266 P.3d 1057 (Arizona Supreme Court, 2011)
State of Arizona v. Kyle Evan Smith
Court of Appeals of Arizona, 2011
State v. Smith
263 P.3d 675 (Court of Appeals of Arizona, 2011)
State v. Eddington
244 P.3d 76 (Court of Appeals of Arizona, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
244 P.3d 76, 226 Ariz. 72, 597 Ariz. Adv. Rep. 4, 2010 Ariz. App. LEXIS 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-eddington-arizctapp-2010.