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STATE v. ARAGÓN IN AND FOR COUNTY OF PIMA

No. CR-20-0304-PR.

505 P.3d 657 (2022)

STATE of Arizona, Petitioner, v. Hon. Gus ARAGÓN, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF PIMA, Respondent Judge, Max Fontes, Real Party in Interest.

Supreme Court of Arizona.

Filed March 21, 2022.

Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, John Johnson , Chief Counsel, Nicholas Klingerman (argued), Section Chief Counsel, Joshua S. Moser , Rachel Heintz , Assistant Attorneys General, Tucson, Attorneys for State of Arizona.

John D. Kaufmann (argued), John D. Kaufmann , Attorney At Law, Tucson, Attorney for Max Fontes.

Mikel Steinfeld (argued), Kevin Heade , Deputy Public Defender, Phoenix, Attorneys for Amicus Curiae Arizona Attorneys for Criminal Justice

David L. Abney , Ahwatukee Legal Office, P.C., Phoenix, Attorney for Amicus Curiae Arizona Association for Justice/Arizona Trial Lawyers Association.

JUSTICE KING authored the opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, JUSTICES BOLICK, LOPEZ, BEENE, and MONTGOMERY joined.

¶1 In this review of a special action opinion of the court of appeals, we consider what constitutes an intervening event in determining whether a defendant is entitled to a jury instruction on superseding cause. Because the alleged conduct of a victim of the collision in this case occurred simultaneously...

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