STATE v. WEAKLAND

No. CR-17-0615-PR.

434 P.3d 578 (2019)

STATE of Arizona, Appellee, v. Courtney Noelle WEAKLAND, Appellant.

Supreme Court of Arizona.

Filed February 25, 2019.


Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, Dominic E. Draye , Solicitor General, Joseph T. Maziarz , Chief Counsel, Mariette S. Ambri (argued), Assistant Attorney General, Criminal Appeals Section, Tucson, Attorneys for State of Arizona.

Dean J. Brault , Legal Defender, Robb P. Holmes (argued), Assistant Legal Defender, Pima County Legal Defender's Office, Tucson, Attorneys for Courtney Noelle Weakland.

Mary C. Trejo , Tucson Public Defender, Kristina J. Bohn , Supervising Public Defender, Tucson, Attorneys for Amicus Curiae Tucson Public Defender's Office.

David J. Euchner (argued), Pima County Public Defender's Office, Tucson; and Joseph P. St. Louis , Nesci & St. Louis, P.L.L.C., Tucson, Attorneys for Amici Curiae Arizona Attorneys for Criminal Justice and National College for DUI Defense.

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


¶ 1 We here consider whether the good-faith exception to the exclusionary rule applies, in a prosecution for driving under the influence ("DUI"), to admit blood evidence unconstitutionally obtained after State v. Butler, 232 Ariz. 84, 302 P.3d 609...

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