CR-91-0237-PR Precedential Processed

State v. Johnson

Arizona Supreme Court · Filed November 24, 1992 · 842 P.2d 1287

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Opinion text

*279 CORCORAN, Justice, dissenting: I too respectfully dissent. This court should affirm the defendant’s convictions and sentences. I agree with Justice Mar-tone that the defendant has had a fair trial—“substantial justice has been done.” Ariz. Const, art. 6, § 27. The defendant is entitled to no more. The result of the reversal will be that the victims will be dragged back into court to again testify—if the victims can be found. The victims are entitled to better than that. The majority finds that this court cannot say beyond a reasonable doubt that the trial court’s error did not affect the verdict; I do not agree. We can and should so find. I also do not agree with the implication by the majority that a party does not have to object during trial if the party feels that objection “would likely have been futile.”