AZAPP Blog Your resource for news and analysis of cases in Arizona's appellate courts.

Supreme Court Report - 3/5/2019

The Supreme Court granted review in one case during its March conference.

March Conference Report

On March 5, 2019, the Justices of the Supreme Court granted review in one new case:

State v. Nunez-Diaz, CR-18-0514-PR.  In State v. Nunez-Diaz, the superior court granted an individual, who is an undocumented alien, Rule 32 post-conviction relief based on his counsel’s failure to advise him of the immigration consequences (deportation) of entering into a plea agreement.  The State sought review in the Court of Appeals, which denied relief in a split memorandum decision.  The Supreme Court accepted review of the State’s petition for review to determine whether an undocumented alien may assert an ineffective assistance of counsel claim based on counsel’s failure to advise of the immigration consequences for entering into a plea agreement when the alien is otherwise independently subject to deportation.  [Petition for Review]

Upcoming Events

  • April 3, 2019:  The Supreme Court will consider pending petitions for review and pending motions during its April conference.
  • April 9, 2019:  The Supreme Court will hear oral argument in State v. Champagne, CR-17-0425-AP.
  • April 16, 2019:  The Supreme Court will hear oral argument in two cases: (1) Trisha A. v. DCS, CV-18-0178-PR; and (2) State v. Malone, CR-18-0431-PR.
  • May 7, 2019:  The Supreme Court will hear oral argument in State v. Nunez-Diaz, CR-18-0514-PR.

News and Notes

  • The Commission on Appellate Court Appointments sent five nominees to Governor Ducey to fill the vacancy on the Supreme Court created by Justice Pelander’s retirement.  Governor Ducey has 60 days to appoint the new justice.
  • Chief Justice Bales announced his intent to retire from the Supreme Court effective July 31, 2019.

Posted by:  Phillip W. Londen

Posted On: 4/3/2019