Conflicting jury instructions prompt new trial for convicted killer, Arizona Supreme Court rules

The Arizona Supreme Court on Monday ordered a new trial for a man convicted of second-degree murder, ruling that flawed jury instructions could have prevented jurors from considering a lesser charge.

Ricky Hippensteel was convicted of second-degree murder after fatally stabbing Derek Odle outside a Tonopah trailer in June 2021. Hippensteel testified in the trial, saying that he stabbed Odle during a fight over stolen tractor equipment. Hippensteel argued he acted in self-defense.

On review, the Arizona Supreme Court did not revisit whether Hippensteel admitted the stabbing or claimed self-defense. Instead, it focused on the instructions given to jurors.

The jurors got mixed messages: one set of instructions said they should think about manslaughter if they found second-degree murder. The verdict form, by contrast, said to stop and not consider manslaughter once they decided on the more serious charge.

“Both sides agreed the trial court erred in its instructions and verdict form,” according to one of the court’s AI avatars. “The main question was whether those mistakes required a new trial.”

In a 6-1 decision, the court said they did.

The Arizona Supreme Court said those competing instructions created an “irreconcilable conflict” that tainted the verdict.

“The jury could have plausibly and intelligently found Hippensteel guilty of that offense if properly instructed, the error prejudiced him,” Chief Justice Ann Timmer wrote.

Justice Bill Montgomery was the lone dissent, arguing the jury had the correct instructions and the evidence did not support a lesser conviction.

The Arizona Supreme Court’s decision undoes Hippensteel’s second-degree murder conviction and his 19-year sentence. Convictions for unlawful flight and resisting arrest stand.

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