State of Arizona v. Robert Charles Glissendorf

Chief Justice BALES,

opinion of the Court.

¶ 1 Fifty years ago, this Court held that if the state fails to preserve evidence that is potentially exonerating, the accused might be entitled to an instruction informing the jury that it may draw an adverse inference from the state’s action. See State v. Willits, 96 Ariz. 184, 191, 393 P.2d 274, 279 (1964). Today, we reaffirm this principle. Because the trial court erred in refusing to give a Willits instruction and the State has not established that the error was harmless, we reverse the convictions and sentences and remand for a new trial.

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¶2 In…