Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/24/2015 8:00 AM
02/20/2015
RULING (4 pages) :denied:
The Court has considered the Motion for Mistrial; Prosecutorial Misconduct That
Occurred During the Cross-Examination of Dr. Robert Geffner (Supplemental Related to
Misconduct that Occurred on January 26, 2015) filed February 7, 2015, the Objection to
Defendants Motion for Mistrial; Prosecutorial Misconduct That Occurred During the CrossExamination of Dr. Robert Geffner filed February 13, 2015 and the Reporters Transcript of Proceedings for January 26, 2015. The Court previously denied the defendants oral motion for a mistrial during a bench conference on January 26, 2015. Defendant filed this written motion to support her renewed request for mistrial. The State requested time to file a written response.
Neither party requested oral argument....
:blah::blah::blah:
The Court finds the matters described above do not constitute prosecutorial misconduct
and certainly not misconduct that raises a concern about the integrity or fairness of the trial. State v. Ramos, 235 Ariz. 230, 330 P.3d 987 (App. 2014) and State v. Montano, 204 Ariz. 413, 65 P.3d 61 (203) and State v. Atwood, 171, Ariz. 576, 832 P.2d 593 (1992).
The Court finds no basis to grant a mistrial.
IT IS ORDERED denying the Motion for Mistrial; Prosecutorial Misconduct That
Occurred During the Cross-Examination of Dr. Robert Geffner (Supplemental Related to
Misconduct that Occurred on January 26, 2015) filed February 7, 2015 and the oral motions
made during Dr. Geffners testimony on February 18 and 19, 2015.
http://www.courtminutes.maricopa.gov/docs/Criminal/022015/m6709486.pdf
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Case Documents
Filing Date Description Docket Date Filing Party
2/24/2015 019 - ME: Ruling - Party (001) 2/24/2015
2/22/2015 OBJ - Objection/Opposition. - Party (001) 2/23/2015
NOTE: DEFENDANT'S OBJECTION TO THE STATE MAKING ARGUMENT RELATED TO AGGRAVATING CIRCUMSTANCES FOR WHICH PROBABLE CAUSE HAS NOT BEEN FOUND AND/OR ASSERTING THAT A LIFE SENTENCE COULD LEAD TO MS. ARIAS' BEING RELEASED FROM PRISON
http://www.superiorcourt.maricopa.g...rtCases/caseInfo.asp?caseNumber=CR2008-031021