Legal Opinion

Peter J. Kaniowsky v. the Pima County Consolidated Justice Court The Hon. Maria L. Felix

Court of Appeals of Arizona

Decided March 21, 2016No. 2 CA-CV 2015-0157Published

1Opinion of the Court

OPINION

HOWARD, Presiding Judge:

¶ 1 Peter Kaniowsky appeals from the trial court’s denial of relief in his special action challenging the Pima County Justice Court’s denial of his request for a jury trial on five unlawful imprisonment charges. Kaniowsky argues he is entitled to a jury trial because unlawful imprisonment was a jury-eligible offense at common law. Because we agree with Kaniowsky, we vacate the court’s order and remand for further proceedings.

Factual and Procedural Background

¶ 2 The relevant facts are not in dispute. Kaniowsky was charged in justice court with five counts each of…

2Cases cited24 opinions

  1. Duncan v. LouisianaSupreme Court of the United States · 1968
  2. Callan v. WilsonSupreme Court of the United States · 1888
  3. District of Columbia v. ClawansSupreme Court of the United States · 1937
  4. Schick v. United StatesSupreme Court of the United States · 1904
  5. State v. BoltonArizona Supreme Court · 1995

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API