Arizona Supreme Court· 3/16/2006

State v. Brown

Citations

129 P.3d 947
212 Ariz. 225
473 Ariz. Adv. Rep. 39
2006 Ariz. LEXIS 25

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that a defendant is entitled to a jury 2 STATE v. MARTIN Decision of the Court trial on the aggravating factors because he expressly reserved that right
“ 'Judicial estoppel is an equitable concept, and its application is therefore within the court’s discretion.” '
because judicial estoppel is an equitable concept, its application is within the court’s discretion and court may exercise its discretion not to apply the doctrine
defendant entitled to jury trial on aggravating factors because he expressly reserved right to challenge aggravating factors in plea agreement
“[W]e hold that the Sixth Amendment right to jury trial with respect to an aggravating factor necessary to impose a sentence remains inviolate unless the defendant’s plea of guilty necessarily establishes the aggravating factor ....”
\[W]e hold that the Sixth Amendment right to jury trial with respect to an aggravating factor necessary to impose a sentence remains inviolate unless the defendant's plea of guilty necessarily establishes the aggravating factor . . . .\

Source: CourtListener parenthetical corpus (CC0).

Judges: Hurwitz, McGregor, Berch, Ryan, Bales

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14 cases in this archive cite this case.

Cites

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