352 P.3d 451
Ariz. Ct. App.2015Background
- Morgan was stopped for suspicion of DUI; BAC 0.17 within two hours of driving was found.
- Morgan was charged with DUI-impaired, per se DUI, and extreme DUI in 2012; extreme DUI later acquitted in first trial.
- State sought retrial on DUI-impaired and per se DUI; Morgan moved to suppress the BAC result.
- Justice court adopted a limiting instruction stating the BAC 0.170 result could not prove BAC ≥.15 and must be accepted as fact that it was not above .15.
- State petitioned for special action; superior court denied relief but stayed retrial to allow appeal to the Arizona Court of Appeals.
- Arizona Court of Appeals accepted special action jurisdiction and granted relief, vacating the limiting instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of the limiting instruction | Limiting instruction accurately framed law and facts | Limiting instruction misstates law and is inappropriate | Limiting instruction is erroneous; not to be submitted |
| Double jeopardy effect of extreme DUI acquittal | Acquittal precludes retrial on extreme DUI but BAC evidence remains relevant to other charges | Acquittal may reflect unreliability of BAC evidence for all purposes | Acquittal precludes retrial on extreme DUI; BAC evidence admissible for other charges |
| Collateral estoppel impact on BAC admission | Collateral estoppel could bar BAC admission | Collateral estoppel not automatic; BAC can be used for other charges | Collateral estoppel does not bar BAC admission; limiting instruction still improper |
Key Cases Cited
- State v. Bartolini, 214 Ariz. 561 (Ariz. App. 2007) (acquittal on one charge does not render BAC unreliable for other charges)
- State v. Johnson, 205 Ariz. 413 (Ariz. App. 2003) (review of jury instructions for abuse of discretion; de novo law state)
- State v. Morales, 198 Ariz. 372 (Ariz. App. 2000) (standard for reviewing jury instructions)
- Barrett v. Samaritan Health Servs., Inc., 153 Ariz. 138 (Ariz. App. 1987) (describes when describing prior proceedings facts may inform jury)
- State v. Rodriguez, 198 Ariz. 139 (Ariz. App. 2000) (collateral estoppel applicability depends on exact issue)