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STATE v. RICHTER

No. CR-17-0452-PR.

424 P.3d 402 (2018)

STATE of Arizona, Appellee, v. Sophia Leeann RICHTER, Appellant.

Supreme Court of Arizona.

Filed August 24, 2018.

Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, Dominic Draye , Solicitor General, Joseph T. Maziarz , Chief Counsel, Criminal Appeals Section, Amy M. Thorson , Assistant Attorney General, Tucson, Michael T. O'Toole (argued), Phoenix, for State of Arizona.

James L. Fullin , Pima County Legal Defender, Robb P. Holmes , Assistant Legal Defender (argued), Tucson, for Sophia Leeann Richter.

David J. Euchner , Pima County Public Defender's Office, Tucson; and Nathan S. Benedict , Salt River Pima-Maricopa Indian Community Defense Advocate Office, Scottsdale, for Amicus Curiae Arizona Attorneys for Criminal Justice.

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.

¶ 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...

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