State v. Kerr, 1 CA-CR 24-0167

Andrew James Kerr was indicted and convicted for the second-degree murder of Irene East in Maricopa County, Arizona.
The evidence showed Kerr had a relationship with the victim and was present at the hotel at the time of the murder; surveillance, forensic, and ballistic evidence linked him to the crime.
DNA evidence from East's hand matched Kerr, though the testifying forensic scientist relied on preparatory work by colleagues.
Kerr denied knowing the victim, the hotel, and facts about his own vehicle and firearm when questioned by police.
The jury found two aggravators; the trial court imposed the maximum sentence under the belief it was required to, with no mitigators found; Kerr appealed the conviction and sentence.

Issue	Kerr's Argument	State's Argument	Held
Admission of DNA testifying expert’s evidence relying on absent analysts’ work (Confrontation Clause)	Testimony violated Sixth Amendment right to confrontation after Smith v. Arizona	Waiver and, even if error, no prejudice given overwhelming other evidence	No reversal: any error not prejudicial under fundamental error review
Jury purportedly received unadmitted exhibits	Court’s exhibit records show two exhibits not admitted were given to jury	Record incomplete; lack of appellate remedy without proof actual error occurred	No relief: Issue waived for lack of developed record
Sentencing discretion (maximum term imposed)	Trial judge erred by thinking maximum sentence mandatory with aggravators	Agrees trial court erred, supporting remand	Sentence vacated; remanded for resentencing

Smith v. Arizona, 602 U.S. 779 (2024) (admissibility of expert testimony based on absent analyst’s statements and Confrontation Clause)
State v. Henderson, 210 Ariz. 561 (2005) (fundamental error review standard in absence of a contemporaneous objection)
State v. Bible, 175 Ariz. 549 (1993) (harmless error review where other evidence of guilt is overwhelming)
State v. Garza, 192 Ariz. 171 (1998) (sentencing errors require remand if the sentencing court misunderstood scope of discretion)
State v. Allen, 248 Ariz. 352 (2020) (aggravators permit but do not mandate maximum sentence within range)