State of Arizona v. Sophia Leeann Richter
Arizona Supreme Court
CHIEF JUSTICE BALES authored the opinion of the Court, in which VICE CHIEF JUSTICE BRUTINEL and JUSTICES TIMMER and BOLICK joined. JUSTICE LOPEZ, joined by JUSTICES PELANDER and GOULD, dissented in part.
1Opinion of the Court
CHIEF JUSTICE BALES, opinion of the Court:
¶ 1 We consider whether an abuser's ongoing threats of harm over a three-month period may constitute a "threat or use of immediate physical force" under A.R.S. § 13-412(A) sufficient to permit the defendant to raise a duress defense to charges of abusing her children. We hold that such evidence can establish a threat supporting a duress defense. We also consider whether expert testimony regarding the psychological effects of an abuser's ongoing threats of harm may constitute observation evidence permissible under Clark v. Arizona , 548 U.S. 735 , 126…
2Cases cited31 opinions
- United States v. BaileySupreme Court of the United States · 1980
- State v. BoltonArizona Supreme Court · 1995
- Clark v. ArizonaSupreme Court of the United States · 2006
- State v. RikerWashington Supreme Court · 1994
- State v. SchantzArizona Supreme Court · 1965
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3Cited by4 opinions
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- State of Arizona v. Stephen Jay Malone JrArizona Supreme Court · 2019
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