State v. Davis
226 Ariz. 97
| Ariz. Ct. App. | 2010Background
- Davis was convicted by a jury of a single count of misdemeanor public sexual indecency; the court suspended sentence, placed him on three years of probation, and required lifetime sex-offender registration.
- Davis was originally charged with three felonies and three misdemeanors; only count two (public sexual indecency) went to trial and resulted in a conviction.
- The victim testified Davis drove up, gestured, and masturbated in his vehicle before leaving; Davis presented misidentification and alibi defenses.
- Davis moved for a new trial asserting weight-of-the-evidence and that defense closing argument was limited to eight minutes; the trial court denied both motions.
- On appeal, Davis challenged (i) weight-of-the-evidence denial, (ii) eight-minute closing argument limit, and (iii) sex-offender registration; the court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the verdict against the weight of the evidence? | Davis argues the jury’s verdict was against the weight of the evidence. | State contends the verdict was supported by substantial evidence. | No abuse of discretion; evidence supported guilt. |
| Did the eight-minute closing argument limit prejudice Davis? | Davis claims the limit prevented full argument and biased the result. | State argues limits were necessary and counsel argued effectively. | Not fundamental error; limitation not preserved for appeal; relief denied. |
| Was Davis properly ordered to register as a sex offender? | Davis argues registration was improper for a first, only misdemeanor conviction. | State asserts the court had statutory authority to require registration. | Court properly exercised discretion; registration upheld. |
Key Cases Cited
- State v. Thornton, 172 Ariz. 449 (App. 1992) (review of new-trial denial for abuse of discretion when weight-of-evidence present)
- State v. Clifton, 134 Ariz. 345 (App. 1982) (discretion in granting a new trial where verdict not supported by weight)
- State v. Landrigan, 176 Ariz. 1 (1989) (evidence sufficient to support a guilty verdict; standard for weight review)
- State v. Henderson, 210 Ariz. 561 (2005) (fundamental-error standard; timely objection required to preserve issue)
- Bruno v. San Xavier Rock & Sand Co., 76 Ariz. 250 (App. 1953) (untimely objections do not preserve issues unless futile; strategic considerations)
- Herring v. New York, 422 U.S. 853 (1975) (closing argument right; limits must not deprive meaningful opportunity)
