State of Arizona v. Evan McCarrick Jerald
Citations
- 548 P.3d 1110
Syllabus
1. Was the defendant properly sentenced under the dangerous-crimes-against-children (DCAC) statute, A.R.S. § 13-705, for sexual offenses he committed as a juvenile, where he was charged after turning eighteen and was tried in adult criminal court? 2. Were the defendant's sentences, which totaled a minimum of 208 years imprisonment, grossly disproportionate to the crimes, such that they violate the Eighth Amendment to the United States Constitution? 3. Did the sentences violate the defendant's equal-protection and due-process rights under the Fourteenth Amendment to the United States Constitution because he was sentenced for offenses that he committed as a juvenile? 4. Did the trial court abuse its discretion by refusing to admit data from Facebook Messenger that may have shown the defendant's location on certain occasions? 5. Did the trial court abuse its discretion by denying a motion for a mistrial when the victim provided unprompted testimony about sexual conduct with which the defendant had not been charged?
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that there was no Strickland prejudice where the defendant “fail[ed] to identify any specific way in which his decisions or defense would have differed had [his lawyer] met personally with him in jail prior to trial instead of in court”
- if defendant fails to show prejudice, court need not decide whether counsel’s performance was deficient
- where there was a 76-hour delay in arraignment, finding “the appropriate remedy for a McLaughlin violation is the exclusion of the evidence in question—if it was ‘fruit of the poisonous tree.’ ”
- petitioner did not benefit from 26 opportunity for full and fair litigation in California courts because Fourth Amendment claim at 27 issue did not exist until years after petitioner’s arrest and trials
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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