State v. Love
1 CA-CR 15-0805
| Ariz. Ct. App. | Feb 2, 2017Background
- July 1989: Victim found stabbed to death in her apartment; panties removed, legs spread, semen on pelvic area; medical examiner concluded death from two deep chest/abdominal stab wounds.
- Semen collected, DNA profile entered into CODIS in 2001; in 2014 CODIS matched that profile to Cudellious Love.
- Love was arrested in May 2014; buccal swab matched the semen profile. Sexual-assault and burglary counts were dismissed as time-barred; Love was tried for first-degree murder.
- After an eight-day trial, jury convicted Love of both premeditated and felony first-degree murder. Court sentenced him to life with possibility of release after 25 years.
- Love appealed, raising: Batson challenge to peremptory strikes, prosecutorial-misconduct/mistrial claim, sufficiency of evidence (premeditation and sexual-assault predicate), and Brady/CODIS-disclosure issues.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Love) | Held |
|---|---|---|---|
| Batson challenge to prosecutor’s strikes of minority jurors | Peremptory strikes were supported by race-neutral reasons (language barrier, demeanor, correctional internship) | Strikes excluded all minority jurors and were motivated by race | Court upheld denial of Batson challenge; prosecutor’s reasons were race-neutral and not shown pretextual |
| Motion for mistrial for alleged prosecutorial misconduct (ex-wife age question) | Question elicited limited, nonprejudicial testimony; prosecutor did not imply statutory rape; court could instruct jury | Asking age-difference implied statutory-rape inference and CODIS-sex-offender inference; prejudicial and warrants mistrial | Denial affirmed: testimony was limited, no evidence of underage sexual relations, prosecutor didn’t exploit it, limiting instruction on CODIS given; jurors presumed to follow instructions |
| Rule 20 motion for judgment of acquittal—sufficiency re: premeditation and felony-murder predicate | Evidence supported felony-murder via attempted sexual assault (scene, removal of clothing, semen match), so conviction sustainable even if premeditation weaker | No preexisting relationship or motive; insufficient evidence of premeditation and sexual assault attempt | Denial affirmed: sufficient circumstantial evidence for attempted sexual assault and felony-murder; either theory can sustain conviction |
| Motion to vacate verdict / new trial—Brady re: inaccurate CODIS probability tables | State promptly disclosed FBI notice once received; revised statistics did not make match less favorable to defendant | Failure to timely disclose CODIS errors deprived Love of fair trial and was Brady material | Denial affirmed: disclosure was prompt; corrected statistics increased confidence and were not favorable to defendant, so no prejudice or Brady violation |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (1986) (peremptory strike based on race violates Equal Protection)
- State v. Newell, 212 Ariz. 389 (App. 2006) (Batson three-step framework and deference to trial court credibility findings)
- State v. Roque, 213 Ariz. 193 (App. 2006) (trial court’s credibility assessments receive great deference)
- Foster v. Chatman, 136 S. Ct. 1737 (2016) (race-neutral explanations may be pretextual where record/notes show discriminatory intent)
- State v. LeBlanc, 186 Ariz. 437 (1996) (presumption that jurors follow limiting instructions)
- State v. Lacy, 187 Ariz. 340 (1996) (attempted sexual assault can serve as predicate felony for felony murder)
- State v. West, 226 Ariz. 559 (2011) (standard of review for Rule 20 judgment of acquittal)
- Pennsylvania v. Ritchie, 480 U.S. 39 (1987) (prosecutor’s duty to disclose evidence favorable and material to defense)