Arizona Supreme Court

State of Arizona, Appellee v. David Wayne Grannis, Appellant; State of Arizona, Appellee, v. Daniel Ethan Webster…

July 25, 1995183 Ariz. 52

Summary

The Arizona Supreme Court reversed the murder convictions and death sentences of David Wayne Grannis and Daniel Ethan Webster, finding reversible error in the admission of pornographic photographs, the trial court’s self‑defense jury instruction, and the admission of a telephonic deposition, while affirming that the reconsolidation of the joint trial did not constitute reversible error. The court remanded for retrial with instructions to correct the identified errors.

Holding

  • I. Whether the trial court erred by admitting pornographic homosexual photographs into evidence.. The trial court abused its discretion by admitting the photographs; their marginal relevance was substantially outweighed by the danger of unfair prejudice, so the admission was reversible error.
  • II. Whether the trial court erred by reconsolidating the trials of Grannis and Webster.. The trial court did not err in reconsolidating the trials; Grannis failed to show the requisite prejudice to warrant severance, so the reconsolidation was not reversible error.
  • III. Whether the trial court’s jury instruction regarding the use of deadly force was improper.. The trial court’s instruction on deadly force was erroneous because it suggested that only actual deadly force, not reasonably apparent deadly force, could justify the defendant’s use of deadly force.
  • IV. Whether the trial court improperly admitted the telephonic deposition of a state’s witness.. The admission of the telephonic deposition violated Rule 15.3(d) because Webster was not present and did not waive his right to be present; thus the admission was error.

Docket CR-91-0279-AP, CR-91-0280-AP

Cited authorities

  • rule 13.4(a)
  • rule 15.3(d)
  • rule 804(a)(4)
  • rule 15.3(d)
  • Rule 15.3(d)
  • Rule 804(b)(1)
  • Rule 19.3(c)
  • Rule 19.3

Cited by

Read full opinionPDF