State v. Brahy

(dissenting)-

I find it necessary to respectfully dissent from the majority’s analysis, for it is my opinion that State v. Starsky, 106 Ariz. 329, 475 P.2d 943 (1970) has not ruled upon the question of this appeal and that the reasoning of Starsky has been changed by subsequent United States Supreme Court decisions. It is a rule of this jurisdiction that when subsequent interpretations of the United States Constitution by the U. S. Supreme Court render the position of the Arizona Supreme Court untenable, this Court is free to analyze its decision in light of those subsequent interpretations.…