Supreme Court of Arizona
633 P.2d 1384 (Ariz. 1981)
Donald Ray Hines (defendant) was charged with kidnapping, sexual assault, and possession of marijuana. At trial, Hines called Susan Robinson, the woman he was living with at the time (not the victim). Robinson testified that, among other things, on the night in question, she was at Hines’s parents’ house, that Hines called her and told her he would come pick her up, that he came to pick her up after picking up her brother, and that as she was leaving the house she saw two of her brothers sitting in a car nearby with an unidentified woman. On cross-examination, the prosecution brought out the fact that during a lengthy pre-trial interview about Hines and the night in question, Robinson did not mention any of these facts. The jury convicted Hines of marijuana possession, but did not reach a verdict on the other charges. Hines appealed on the grounds that the prosecution’s attempted impeachment of Robinson was improper.
Rule of Law
Holding and Reasoning (Struckmeyer, C.J.)
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