State of Arizona v. Austin Garrett Hansen
Court of Appeals of Arizona
1DissentEspinosa, Judge
¶ 28 I must respectfully dissent because I cannot agree with my colleagues’ foundational premise, which redefines the attributes of a final verdict to conclude that the jury’s verdict here, on the only count the defendant was charged with, was ambiguous. On the record before this court, the jury’s intent to convict Hansen of aggravated assault was made abundantly clear, and the trial court reversibly erred in disregarding the jury’s decision on the basis of a mere clerical mix-up.
¶ 29 As my colleagues acknowledge, this court has observed that “[a] verdict is final if (1) the deliberations are…
2Cases cited8 opinions
- United States v. MorrisCourt of Appeals for the Tenth Circuit · 1979
- John Sydney Cook, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- State v. KiperCourt of Appeals of Arizona · 1994
- Donald Plummer v. Springfield Terminal Railway CompanyCourt of Appeals for the First Circuit · 1993
- People v. CamachoCalifornia Court of Appeal · 2009
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