State v. Huerta

The result achieved by the majority is not supported by our own cases, federal common law, or the rule adopted by most states. The majority’s reliance upon the doctrine of stare decisis is misplaced. An analysis of our cases, federal law, and the cases in other states indicates that the Arizona rule is contrary to that stated by the majority, and it ought to be.

We begin with the Arizona rule. As the court notes, ante, at 263, 855 P.2d at 777, the Arizona rule is stated in Encinas v. State, 26 Ariz. 24, 28-29, 221 P. 232, 233 (1923). We there held that an “order overruling [a] challenge for…