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SHINN v. ARIZONA BD. OF EXECUTIVE CLEMENCY

No. CV-21-0275-PR.

521 P.3d 997 (2022)

David C. SHINN, Plaintiff/Appellant, v. ARIZONA BOARD OF EXECUTIVE CLEMENCY, Defendant/Appellee. Nevada Freeman, Real Party in Interest.

Supreme Court of Arizona.

Filed December 21, 2022.

Attorney(s) appearing for the Case

Daniel P. Struck , Nicholas D. Acedo (argued), Jacob B. Lee , Struck Love Bojanowski & Acedo, PLC, Chandler, Attorneys for David C. Shinn.

Mark Brnovich , Arizona Attorney General, Dena Benjamin , Assistant Attorney General, Phoenix, Attorneys for Arizona Board of Executive Clemency.

Lindsay Ann Herf , Katherine Puzauskas , Karen Singer Smith (argued), Arizona Justice Project, Phoenix; and Michael L. Piccarreta , Piccarreta Davis, Keenan Fidel PC, Tucson, Attorneys for Nevada Freeman.

Howard R. Cabot , Austin C. Yost , Perkins Coie LLP, Phoenix; Noel Fidel , Law Office of Noel Fidel, Phoenix; and Randal McDonald , Arizona Justice Project, Phoenix, Attorneys for Amicus Curiae Everett Berry.

Timothy J. Eckstein , Travis Hunt , Osborn Maledon PA, Phoenix, Attorneys for Amicus Curiae Rudolph Turner.

Colleen Clase , Arizona Voice for Crime Victims, Phoenix, Attorney for Amicus Curiae Arizona Voice for Crime Victims.

Timothy J. Myers , Civil Litigation Clinic, Public Interest Law Firm, Phoenix, Attorney for Amici Curiae Marcia Freeman and Carrie Davis.

JUSTICE LOPEZ authored the Opinion of the Court, in which VICE CHIEF JUSTICE TIMMER and JUSTICES BOLICK, BEENE, MONTGOMERY, KING, and PELANDER (Retired) joined.

¶1 We consider whether a trial court's nunc pro tunc order modifying a criminal sentence for first degree murder—issued almost thirty years after the sentence was imposed and in the absence of any clerical mistake or error in the record—is subject to collateral attack. In addressing this issue...

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