State Ex Rel. McDougall v. Strohson

945 P.2d 1251, 190 Ariz. 120, 251 Ariz. Adv. Rep. 3, 1997 Ariz. LEXIS 99
CourtArizona Supreme Court
DecidedSeptember 4, 1997
DocketCV-97-0118-SA
StatusPublished
Cited by35 cases

This text of 945 P.2d 1251 (State Ex Rel. McDougall v. Strohson) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. McDougall v. Strohson, 945 P.2d 1251, 190 Ariz. 120, 251 Ariz. Adv. Rep. 3, 1997 Ariz. LEXIS 99 (Ark. 1997).

Opinions

OPINION

MOELLER, Justice.

PROCEDURAL HISTORY

Respondent Dale W. Cantrell was charged in Phoenix Municipal Court with simple assault, a class 1 misdemeanor, in violation of A.R.S. § 13-1203(A)(1). The victim of the alleged assault was the sixteen-year-old son of respondent’s girlfriend. In accordance with Arizona’s domestic violence statutes, A.R.S. §§ 13-3601 and 13-3602, the complaint designated the offense to be “domestic [121]*121violence,” a designation that is unchallenged in this proceeding.

Respondent requested a jury trial. In doing so, he acknowledged that, under established Arizona law, misdemeanor assault historically has been held not to require a jury trial. He contended, however, that the recent enactment of a federal law relating to firearms, 18 U.S.C. § 922(g)(9), now requires Arizona to grant him a jury trial. The federal law prohibits possession of a firearm which has been shipped or transported in interstate or foreign commerce by persons who have been convicted of a “misdemeanor crime of domestic violence” as that term is defined in 18 U.S.C. § 921(a)(33)(A). 18 U.S.C. § 922(g)(9). Respondent argued that if he were convicted of misdemeanor assault under Arizona law and the federal law applied to him, he would be unable to hunt or possess a weapon for self-protection. This fact, according to respondent, entitles him to a jury trial.1 The municipal court agreed and set the case for trial to a jury. The state, through the Phoenix City Attorney, filed a special action directly in this court.

.ISSUE

Whether Congress’ recent enactment of 18 U.S.C. § 922(g)(9) requires Arizona to change its rule that jury trials are not required in misdemeanor assault cases for those individuals who may be subject to the federal firearms act if convicted.

SPECIAL ACTION JURISDICTION

By previous order we accepted jurisdiction of this special action and ordered oral argument, which has been held. We now set forth our reasons for accepting special action jurisdiction.

First, special action is available where there is no “equally plain, speedy, and adequate remedy by appeals.” Ariz. R.P. Sp. Act. 1(a). Here, the state has no remedy by appeal. See A.R.S. §§ 13-4032, 22-375; State v. Miller, 172 Ariz. 294, 295, 836 P.2d 1004, 1005 (App.1992). Second, the pleadings show that, in 1995 in the City of Phoenix alone, approximately 5300 domestic violence assault complaints were filed, and an additional 4600 such cases were filed in 1996. An amicus brief from the City of Mesa shows that adoption of a rule requiring jury trials in these assault eases would significantly impact that jurisdiction. Clearly, given the volume of these eases in city courts and in justice of the peace courts, resolution of the jury trial issue is a matter of statewide concern. See Sanchez v. Coxon, 175 Ariz. 93, 94, 854 P.2d 126, 127 (1993). Third, the issue presented is entirely one of law, not requiring the resolution of any facts. Id. Fourth, the issue of entitlement to a jury trial is an issue properly brought via special action. Spitz v. Municipal Ct, 127 Ariz. 405, 406, 621 P.2d 911, 912 (1980).

In our view, the special action presents an issue that merits a definitive resolution at this time by this court without requiring that the issue wend its way here through special actions in the superior court and the court of appeals. Prompt resolution of the issue is in the best interests of vast numbers of citizens and of the state itself.

DISCUSSION

I. Development of Arizona Law to Date

Arizona has long provided its citizens with greater access to jury trials than is required [122]*122by the federal constitution. Federal constitutional law has evolved such that, unless the crime is punishable by more than six months incarceration, it is presumptively a petty offense not entitled to a jury trial. Lewis v. United States, 518 U.S. 322,-, 116 S.Ct. 2163, 2166, 135 L.Ed.2d 590 (1996); Blanton v. North Las Vegas, 489 U.S. 538, 543, 109 S.Ct. 1289, 1293, 103 L.Ed.2d 550 (1989). The United States Supreme Court has indicated that some exceptions to this presumptive rule may exist where there are other significant consequences flowing from the conviction in addition to incarceration, but the exception has rarely, if ever, been applied. See Blanton, 489 U.S. at 543, 109 S.Ct. at 1293.

Arizona has looked to the length of possible incarceration as highly important, but not controlling, on whether a jury is required. In Rothweiler v. Superior Ct., 100 Ariz. 37, 410 P.2d 479 (1966), this court concluded that Arizona courts also would examine the moral quality of the act charged, and its relationship to common law crimes. Thus, in Rothweiler this court held that a defendant charged with driving under the influence was entitled to a jury trial. Id. at 44-45, 410 P.2d at 484-85. Rothweiler was subject to no more than six months jail time, so he was not eligible for a jury trial under current federal constitutional standards. See Lewis, 518 U.S. at 322, 116 S.Ct. at 2166. In State v. Superior Court, 121 Ariz. 174, 589 P.2d 48 (App.1978), the court of appeals, applying Rothweiler, held that a person charged with shoplifting was entitled to a jury trial because the crime was one of moral turpitude and the consequences of a conviction were sufficiently serious. Id. at 175-76, 589 P.2d at 49-50. In so holding, the court noted the relationship between the statutory crime of shoplifting and the common law crime of larceny. Id. at 176, 589 P.2d at 50.

In the most recent case in which this court spoke on this issue, we held that a defendant charged with possession of marijuana was entitled to a jury trial. State ex rel. Dean v. Dolny, 161 Ariz. 297, 778 P.2d 1193 (1989). We first noted that our legislature had defined “petty offense” to exclude any offense for which any sentence of incarceration could be imposed. Id. at 299-300, 778 P.2d at 1195-96.

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Bluebook (online)
945 P.2d 1251, 190 Ariz. 120, 251 Ariz. Adv. Rep. 3, 1997 Ariz. LEXIS 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-mcdougall-v-strohson-ariz-1997.