[Download] "State V. Luzanilla" by Arizona Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: State V. Luzanilla
- Author : Arizona Supreme Court
- Release Date : January 19, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Appellant Anthony Luzanilla ("Luzanilla") petitioned this court to review a court of appeals opinion which affirmed his convictions for the first degree murders of Rene Clifton and her mother, Barbara Clifton. State v. Luzanilla, 176 Ariz. 397, 861 P.2d 682 (App. 1993). We granted review on two issues: 1) whether the principles of double jeopardy and collateral estoppel precluded the state from proceeding under a felony murder theory in Luzanilla's retrial; and 2) whether the trial court erred in admitting against Luzanilla the testimony of John Mojarro, from codefendant Engebretson's separate earlier trial, which was received under Rule 804(b) (5) of the Arizona Rules of Evidence (the residual hearsay exception). The court of appeals ruled in favor of the state on both issues, holding that neither double jeopardy nor collateral estoppel barred the state from proceeding under a felony murder theory in the retrial, and that Mojarro's testimony from the co-defendant's trial was properly admitted under Rule 804(b)(5).
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