State v. Gipson
229 Ariz. 484
| Ariz. | 2012Background
- Gipson and Huff had a business dispute; Huff and his father visited Gipson's home to resolve it.
- Huff spoke at the door; Gipson punched Huff after an exchange of words; Huff struck back.
- Gipson drew a gun, shot Huff, Huff ran toward a car, and Gipson fired additional shots, killing Huff.
- Gipson was indicted for first degree murder, illegal discharge of a firearm, and aggravated assault; death penalty not pursued.
- At trial, the judge sua sponte instructed on second degree murder and manslaughter over objections; jury acquitted first degree murder, hung on second degree murder, and convicted Gipson of manslaughter and the firearms charge.
- On appeal, Gipson argued the trial judge erred in giving the lesser included offense instructions over both sides’ objections; the court of appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May a trial judge give a lesser included offense instruction over objections in a non-capital case? | State argues lesser included instructions may be given when evidence supports, not absolutely barred by objections. | Gipson contends he has an absolute right to an all-or-nothing defense; Beck requires no compelled lesser instruction over objections. | Not reversible; discretion allows, Beck not absolute in non-capital cases. |
| Was the manslaughter instruction over both sides' objections reversible error? | State contends instruction was properly supported by evidence and permissible. | Gipson argues the court should not have given the instruction despite objections. | Conviction stands; manslaughter instruction supported by the evidence. |
Key Cases Cited
- Beck v. Alabama, 447 U.S. 625 (U.S. Supreme Court, 1980) (capital-murder Beck rule; requires consideration of lesser offenses)
- Spaziano v. Florida, 468 U.S. 447 (U.S. Supreme Court, 1984) (Beck rule limitations in capital cases)
- State v. Vickers, 129 Ariz. 506 (Ariz. 1981) (Beck interpretation and sua sponte instruction for lesser offenses in capital cases)
- State v. Krone, 182 Ariz. 319 (Ariz. 1995) (capital-case constraints on lesser included offenses)
- State v. Rodriguez, 186 Ariz. 240 (Ariz. 1996) (withdrawn requested instruction; effects on duty to give)
- State v. Madden, 104 Ariz. 111 (Ariz. 1969) (early approach to instructing on lesser included offenses in homicide cases)
- People v. Garcia, 188 Ill.2d 265 (Ill. 1999) (restraint in sua sponte lesser included instructions; societal interests)