State v. Marsalis
151 Idaho 872
| Idaho Ct. App. | 2011Background
- Marsalis was convicted of rape after the district court denied his motion to dismiss the indictment.
- Marsalis moved to dismiss claiming grand jury testimony was perjured and the evidence did not establish probable cause.
- The grand jury heard Lt. Crawford discuss breath-strip evidence; later lab results showed the breath-strip test was not conclusively testable due to sample issues.
- Independent lab results had previously determined no date-rape drugs were present in the breath-strip package before the grand jury testimony.
- The district court found no prejudice from the alleged perjury and held probable cause supported the indictment; Marsalis appealed.
- Trial later included DNA evidence associating semen with Marsalis, leading to a jury verdict of rape.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause without allegedly false testimony | Marsalis asserts lack of probable cause absent perjury. | Marsalis argues perjured testimony tainted indictment and undermined probable cause. | Probable cause supported by substantial independent evidence; dismissal not required. |
| Prejudice from prosecutorial misconduct | Marsalis contends misconduct rendered indictment unreliable. | Marsalis argues the erroneous testimony and emphasis on date-rape-drug theory prejudiced the grand jury. | Misconduct not prejudicial; but even if misconduct occurred, not enough to require dismissal. |
Key Cases Cited
- State v. Martinez, 125 Idaho 445 (1994) (two-step grand jury review: sufficiency of evidence and possible prejudice)
- State v. Jones, 125 Idaho 477 (1994) (prejudice standard for prosecutorial misconduct in grand jury)
- State v. Edmonson, 113 Idaho 230 (1987) (balancing test for prejudicial misconduct; but dismissal only for prejudice)
- State v. Grazian, 144 Idaho 510 (2007) (post-conviction challenges to grand jury defects generally not reviewed)
- State v. Bujanda-Velazquez, 129 Idaho 726 (1997) (abuse of discretion standard for grand jury indictment rulings)
- State v. Kilby, 130 Idaho 747 (Ct.App.1997) (procedural standards for grand jury review and prejudice assessment)