Cespedes v. Honorable Kenneth Lee

In this criminal case, the prosecutor’s instruction to the grand jury regarding the defense of justification was not erroneous and did not deprive Petitioner of a substantial procedural right.A grand jury indicted Petitioner on two counts of child abuse. Before the Supreme Court, Petitioner argued that he was denied a substantial procedural right because the prosecutor misstated the law regarding justification. Specifically, Petitioner argued that the prosecutor incorrectly advised the grand jurors that they were not allowed to consider whether his use of physical force on his son was justified under Ariz. Rev. Stat. 13-403(1). The Supreme Court affirmed, holding that the prosecutor correctly instructed the grand jury on the defense of justification. View "Cespedes v. Honorable Kenneth Lee" on Justia Law