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· 2/22/2005

State v. Goracke

Citations

  • 106 P.3d 1035
  • 210 Ariz. 20
  • 29 A.L.R. 6th 745
  • 446 Ariz. Adv. Rep. 9
  • 2005 Ariz. App. LEXIS 21

How courts have described this case

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

  • concluding that the prisoner mailbox rule applies to petitions for review
  • stating that pursuant to the prisoner mailbox rule, a pro se prisoner is deemed to have filed a properly addressed pleading at the time it is delivered to the proper prison authorities for filing
  • noting the State argued that the record did not clearly show the filing had been submitted to prison authorities by the deadline
  • disagreeing with Alire and imposing Blakely’s requirements on all aggravating factors, regardless of absence of any mitigating factors
  • applying prison mailbox rule where mailing certificate asserted “I have placed this Petition for Review in the institutional mail at Menard 24 Correctional Center”
  • rejecting state’s contention that “a sole valid factor under Blakely opens the door and allows a court without a jury to consider any other factors that do not fit within Blakely’s confines”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barker, Norris, Gemmill

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.