STATE v. GEAR

No. CR-14-0408-PR.

372 P.3d 287 (2016)

STATE of Arizona, Appellant, v. Robert GEAR, Appellee.

Supreme Court of Arizona.

May 6, 2016.


Attorney(s) appearing for the Case

Brad Carlyon , Navajo County Attorney, Galen H. Wilkes (argued), Deputy Navajo County Attorney, Holbrook, Attorneys for State of Arizona.

Kimberly A. Kent (argued), Kent Law Group, PLLC, Phoenix, Attorney for Robert Gear.

William G. Montgomery , Maricopa County Attorney, Bruce P. White , Joseph J. Branco , and Diane Meloche , Deputy County Attorneys, Phoenix, Attorneys for Amicus Curiae Maricopa County Attorney.

Mark Brnovich , Arizona Attorney General, John R. Lopez IV (argued), Solicitor General, Maria M. Syms , Assistant Attorney General, Phoenix, Attorneys for Amicus Curiae Arizona Attorney General Mark Brnovich.

Justice BOLICK authored the opinion of the Court, in which Chief JUSTICE BALES, Vice Chief Justice PELANDER, and Justices BRUTINEL and TIMMER joined.


¶ 1 This case presents the question of whether the Arizona Medical Marijuana Act ("AMMA" or "the Act") immunizes a physician against prosecution for falsely attesting that he reviewed a patient's medical records from the previous twelve months before providing a...

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