Lee v. State

¶24 I respectfully dissent. The majority holds that a claimant’s assertion that he timely mailed a claim against the state is sufficient, if accepted by a trier of fact, to establish that the claimant complied with the filing requirement of A.R.S. § 12-821.01.A, even if the claimant provides no evidence to counter the state’s assertion that it did not receive the claim. In my view, that holding fails to give effect to the language and purpose of the statute, extends the application of the mailbox rule far beyond its prior use in Arizona, and adopts an approach overwhelmingly rejected by other…