State v. Ellis

── State v. Ellis ── Court: Court of Appeals of Arizona Date: June 01, 2026 Category: General NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION ONE STATE OF ARIZONA, Appellee, v. BRETT DAVID ELLIS, Appellant. No. 1 CA-CR 25-0379 FILED 06-01-2026 Appeal from the Superior Court in Yavapai County No. S1300CR202401339 The Honorable Krista M. Carman, Judge AFFIRMED COUNSEL Arizona Attorney General’s Office, Phoenix By Michael J. Woodburn Counsel for Appellee Law Office of Carissa A. Jakobe PLLC, Mankato, MN By Carissa A. Jakobe Counsel for Appellant MEMORANDUM DECISION Presiding Judge David B. Gass delivered the decision of the court, in which Judge Cynthia J. Bailey and Judge D. Andrew Gaona joined.  STATE v. ELLIS Decision of the Court G A S S, Judge: ¶1 Ellis appeals his convictions and sentences for 1 count of kidnapping, 2 counts of sexual assault, and 1 count of aggravated assault. Ellis argues the superior court abused its discretion by excluding evidence of the victim’s sexual history. As a result, he argues the superior court violated his due process and Confrontation Clause rights, denying him a fair trial. Because the superior court did not abuse its discretion, the court affirms. FACTS AND PROCEDURAL HISTORY ¶2 The court views the facts in the light most favorable to upholding the superior court’s ruling. See Lehn v. Al-Thanayyan, 246 Ariz. 277, 283 ¶ 14 (App. 2019). The court will not reweigh the evidence. State v. Lee, 189 Ariz. 590, 603 (1997). I. In November 2024, Ellis was arrested after hiring an exotic dancer for a one-on-one show. ¶3 In November 2024, Ellis contacted a private exotic dancing agency to hire a dancer for a one-on-one show in his home. The agency connected Ellis with the victim, who is an independent contractor for the agency. When the victim arrived at Ellis’s home, the two discussed the rules for her performance. During that discussion, Ellis asked the victim if the agency knows she is “having sex for money.” The victim told Ellis she would not have sex with him and said, “That’s not what you’re going to get out of this.” After that discussion, the victim started the show. ¶4 During the show, Ellis asked if he could duct tape the victim’s hands together. The victim agreed. She assumed he would only secure her wrists, something the victim allowed previous clients to do. Instead, Ellis taped around her wrists and hands completely so she could not free herself. When the victim started feeling uncomfortable, she asked Ellis to un-tape her. Ellis refused, taped her arms behind her head, bound her ankles and knees together, and left her balled-up in a fetal position. ¶5 After the victim realized her efforts to reason with Ellis were futile, she threatened to “report you for rape, for assault.” Ellis dismissed the victim’s pleas: “I don’t care. Like nobody’s going to believe you anyway.” Ellis then digitally penetrated the victim and forced her to have vaginal intercourse and oral sex. Ellis then repeatedly beat the victim, strangled her, and advised her to “shut up” and “go to sleep.” After the victim continued pleading with Ellis, he cut some of the duct tape, allowing 2  STATE v. ELLIS Decision of the Court the victim to break free and escape. After leaving Ellis’s residence, the victim cal