State v. Mohajerin

244 P.3d 107, 226 Ariz. 103, 598 Ariz. Adv. Rep. 13, 2010 Ariz. App. LEXIS 241
CourtCourt of Appeals of Arizona
DecidedDecember 29, 2010
Docket2 CA-CR 2010-0193
StatusPublished
Cited by15 cases

This text of 244 P.3d 107 (State v. Mohajerin) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Mohajerin, 244 P.3d 107, 226 Ariz. 103, 598 Ariz. Adv. Rep. 13, 2010 Ariz. App. LEXIS 241 (Ark. Ct. App. 2010).

Opinion

OPINION

ECKERSTROM, Judge.

¶ 1 Hesam Mohajerin appeals the trial court’s order denying his petition for an entry of clearance upon his official records pursuant to A.R.S. § 1341051. In ruling on the petition, the court interpreted this statute and State v. Franco, 153 Ariz. 424, 737 P.2d 400 (App.1987), to require petitioners to prove that the charge or arrest they wish to have cleared was “unlawful or illegal” when it occurred. We acknowledge Franco supports this approach but clarify that (1) an unlawful or illegal arrest or charge is a potential ground for relief under § 13^4051, but not a necessary one, and (2) the statute is not focused exclusively on the time of an arrest or charge. We hold that in order to obtain relief, a petitioner must demonstrate both that his arrest or charge was “wrongful” and that justice requires the entry of a notation of clearance, and one of the ways he may do so is by showing the allegations against him are false. Although the trial court applied an incorrect legal standard in ruling on the petition here, we nevertheless affirm the court’s ruling because Mohajerin was not entitled to relief under any reasonable view of the record.

Factual and Procedural Background

¶ 2 Mohajerin was charged with sexual assault and threatening or intimidating based on a report his wife, A., had made to police in *105 May 2006. A forensic examination revealed A. had vaginal injuries and bruises on her body. It also revealed other physical evidence consistent with her allegations that she had been battered and sexually assaulted by her husband. After Mohajerin was arrested and charged by indictment, A. recanted her allegations. 1 The charges were dismissed without prejudice in November 2006 on the state’s motion.

¶ 3 In March 2010, Mohajerin filed a petition for relief pursuant to § 13-4051. 2 At the evidentiary hearing held the following month, A. testified she was confused about the sexual encounter she had with Mohajerin but she “didn’t feel that [he] was at fault at all.” A. testified that she was “seriously mentally ill,” having been diagnosed with “bipolar [disorder], attention-deficit disorder, T[o]urret[te’]s Syndrome, [obsessive-compulsive disorder], ... [and] depression.” She explained that when she made her report, she had recently stopped taking the medications she normally took to manage these illnesses because she was pregnant. As a result, she had become paranoid, delusional, severely depressed, and easily agitated. This in turn led her to make what she believed were inaccurate statements about the incident. A also testified, without dispute from the state, that the detective who had arrested Mohajerin had made sexual advances toward her on the night she reported the incident and that the same detective later maintained a sexual relationship with her while the case against Mohajerin was pending.

¶ 4 At the hearing, A acknowledged making her previous statements to police that Mohajerin had punched her, threatened her life, and forced himself on her sexually. A. also testified she believed she had been sexually assaulted on the day she made her report. In response to Mohajerin’s questions, A. denied that the injuries she received were the result of normal sex with her husband. Furthermore, when asked if she was responding to her husband’s sexual advances and going along with the act, she said she had done so “silently,” meaning, “I had said no but then I had said — but then I gave — I didn’t push him away like someone who was being assaulted.” When the trial court asked her to clarify whether the encounter had been consensual, the following exchange occurred:

[A.:] I’m not saying it was consensual. What I’m saying is that I think with the problems that I was having mentally, what I envisioned that was happening, as I said, it was silent for me, it was all within my head, that I acted very — or that I thought very erratically and I was in like a phobia, almost like. I felt very fearful but didn’t cry out, if that makes sense.
[THE COURT:] But are you telling me that it was not consensual at that time?
[A.:] It was consensual because I didn’t react as a normal rape victim would and that’s why, when I had an abortion and I got my hormones back to normal and then my medication, I thought to myself, this man didn’t even think he was hurting me.

Upon further questioning from the court, A. testified that she had told Mohajerin she did not want to have sex before the encounter, but she felt she had to do it and therefore silently went along with it.

¶ 5 The trial court denied the petition, finding A’s initial allegations to police had been corroborated by physical evidence, the arrest and charges had been supported by *106 probable cause when they were made, and neither the arrest nor the charges had been “unlawful or illegal under the circumstances known to the State in May, 2006.” This appeal followed.

Jurisdiction

¶ 6 Arizona courts have previously assumed jurisdiction over both appeals and special actions arising under what is now § 13-4051 without any discussion of their basis for doing so. See, e.g., Beasley v. Glenn, 110 Ariz. 438, 438-39, 520 P.2d 310, 311-12 (1974) (reviewing special action “brought to test a judgment” of superior court); State v. Franco, 153 Ariz. 424, 425, 737 P.2d 400, 401 (App.1987) (reviewing superior court’s order on state’s appeal). We consider the issue sua sponte because we have an independent duty to review our own jurisdiction. See State v. Bejarano, 219 Ariz. 518, ¶ 2, 200 P.3d 1015, 1016 (App.2008). Unless a case raises and addresses the issue of jurisdiction, it does not stand as authority for the existence of jurisdiction. Bedard v. Gonzales, 120 Ariz. 19, 20 n. 1, 583 P.2d 906, 907 n. 1 (1978); Berry v. Superior Court, 163 Ariz. 507, 508, 788 P.2d 1258, 1259 (App.1989); Pace v. Pace, 128 Ariz. 455, 457, 626 P.2d 619, 621 (App.1981).

¶ 7 Although § 13-4051 is part of Arizona’s criminal code, a petition filed pursuant to this statute initiates a special proceeding that is in the nature of a civil action. The statute does not requii’e formal criminal proceedings before a person may seek relief under its terms; based on the plain language of the statute, a person may do so if he or she merely has been arrested. § 13-4051(A). Thus, A.R.S. §§ 13-4032 and 13^4033, the statutes authorizing and limiting appeals in criminal cases, do not apply.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Soto v. State
Court of Appeals of Arizona, 2026
State of Arizona v. Hon. Kyle Bryson Gilbert Delgado
541 P.3d 582 (Court of Appeals of Arizona, 2023)
State v. Williams
524 P.3d 1172 (Court of Appeals of Arizona, 2023)
State v. Carley
Court of Appeals of Arizona, 2022
Benderra v. State
Court of Appeals of Arizona, 2018
State v. Ludwig
Court of Appeals of Arizona, 2017
State v. Nissley
362 P.3d 493 (Court of Appeals of Arizona, 2015)
State of Arizona v. Robert Charles Glissendorf
311 P.3d 244 (Court of Appeals of Arizona, 2013)
Champlin Stopinski, Skipton and Assoc. v. Bank of America
293 P.3d 541 (Court of Appeals of Arizona, 2013)
Xavier R. and Athena R. v. Ades and Joseph R.
280 P.3d 640 (Court of Appeals of Arizona, 2012)
Anderson v. VALLEY UNION HIGH SCHOOL
270 P.3d 879 (Court of Appeals of Arizona, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
244 P.3d 107, 226 Ariz. 103, 598 Ariz. Adv. Rep. 13, 2010 Ariz. App. LEXIS 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mohajerin-arizctapp-2010.