CESPEDES v. LEE

No. CR-16-0384-PR.

401 P.3d 995 (2017)

Louis E. CESPEDES, Petitioner, v. The Honorable Kenneth LEE, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent Judge, State of Arizona, Real Party in Interest.

Supreme Court of Arizona.

Filed September 14, 2017.


Attorney(s) appearing for the Case

Barbara LaWall , Pima County Attorney, Nicolette Kneup , Deputy County Attorney, Tucson, Attorneys for State of Arizona

Pima County Public Defender's Office, David J. Euchner , Deputy Public Defender, Tucson, Attorneys for Louis E. Cespedes

Louis E. Cespedes, In Propria Persona, Tucson, Petitioner.

JUSTICE GOULD authored the opinion of the Court, in which CHIEF JUSTICE BALES, VICE CHIEF JUSTICE PELANDER, and JUSTICE TIMMER joined. JUSTICE LOPEZ, joined by JUSTICES BRUTINEL and BOLICK dissented.


¶ 1 In this case, we hold that the prosecutor's instruction to the grand jury regarding the defense of justification pursuant to A.R.S. § 13-403(1) was correct and did not deprive petitioner Louis E. Cespedes of a substantial procedural right. Accordingly, the superior court did not err in denying Cespedes...

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