State of Arizona v. Damper

225 P.3d 1148 (2010)

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State of Arizona v. Damper

Arizona Court of Appeals
225 P.3d 1148 (2010)

Sean Carroll headshot
  • Written by Sean Carroll, JD

Facts

Marcus Damper (defendant) shot and killed his girlfriend, C. The state (plaintiff) charged Damper with second-degree murder. Damper claimed that the shooting was accidental. At trial, the state introduced a text message that C.’s friend B. received from C.’s phone. B. received the message on the morning of the shooting. The text message asked B. to come over because C. and Marcus were fighting. C.’s phone was found next to her body after she was shot. Damper was convicted, and he appealed, arguing that the text message was not properly authenticated because the state did not prove that the text message was actually sent by C. as opposed to someone else using her phone. Damper did not provide any evidence that pointed to anyone other than C. sending the text message.

Rule of Law

Issue

Holding and Reasoning (Johnsen, J.)

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Casebooks

Advanced Civil Procedure

Evidence

Key Terms

  • Federal Rule of Evidence 901An evidentiary rule that requires a party introducing evidence to authenticate the evidence before its admission by showing that the evidence is what the party claims it is.
  • Circumstantial EvidenceEvidence that tends to prove an asserted fact by proving other events or circumstances that, according to common human experience, usually or always attend the asserted fact, thereby supporting an inference that the asserted fact is true.
  • AuthenticationThe evidentiary requirement that an item of evidence be identified as what the offering party claims it to be before it may be admitted in evidence, and the process by which that identification is accomplished.
  • Evidentiary FoundationA groundwork for admitting evidence, for example, a proffered witness's presence at the event in question, a background that suitably qualifies someone to offer expert testimony on a matter at issue, or the authenticity of a document that makes the truth of an assertion more or less likely.

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