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Last Post 01 May 2024 07:20 PM by  State Bar of Arizona
R-24-0008 Petition to Amend Arizona Rule of Criminal Procedure 31.8(b)(1)(B)
 3 Replies
Topic is locked
Author Messages
David Euchner
New Member
Posts:35 New Member

09 Jan 2024 11:23 AM
    David J. Euchner, SB#021768
    33 N. Stone Ave., 21st Floor, Tucson, AZ 85701
    (520) 724-6800
    [email protected]

    Petition to Amend Arizona Rule of Criminal Procedure 31.8(b)(1)(B), to make all trial proceedings (including voir dire of the jury and prior convictions trials/admissions) part of the automatic record on appeal.

    Filed: January 9, 2024

    Would amend Rule 31.8(b)(1)(B) of the Rules of Criminal Procedure to make transcripts of all trial proceedings (including jury voir dire and prior conviction/admission) automatically part of the record on appeal.

    Comments must be submitted by no later than Wednesday, May 1, 2024, and any reply by a petitioner must be submitted no later than Monday, June 3, 2024.
    Lina Garcia
    New Member
    Posts:21 New Member

    29 Apr 2024 02:03 PM
    Joint Comment by Maricopa Indigent Defense Offices
    620 W. Jackson, Suite 4015, Phoenix, AZ 85003
    (602) 506-7711
    [email protected]
    AZ Bar #025997
    Alice Jones
    New Member
    Posts:4 New Member

    30 Apr 2024 05:38 PM
    Alice Jones
    Deputy Solicitor General/Chief Counsel Criminal Appeals Section
    State Bar Number 028062
    Submitting on behalf of the Arizona Attorney General's Office
    Firm State Bar Number 14000
    2005 N. Central Ave.
    Phoenix, AZ 85004
    [email protected]
    (602) 542-8587

    The Arizona Attorney General’s Office supports Mr. David Euchner’s proposed amendment to Ariz. R. Crim. P. 31.8(b)(1)(B)(ii). Under the current rule, in noncapital cases transcripts of voir dire proceedings and prior conviction trials are not automatically prepared and made a part of the record on appeal unless a party otherwise designates it. A complete record on appeal is necessary for appellate counsel so they do not have to rely on the fleeting memories of trial counsel and for appellate courts, especially if an Anders brief is filed, to determine if any error occurred. Further, discussions about other matters, such as jury instructions, admission of evidence, or sentencing matters, frequently occur during both jury selection and at a trial on prior convictions. These conversations are not always reflected in minute entries and would be unknown unless transcripts are prepared. The proposed changes to Rule 31.8(b)(1)(B)(ii) are reasonable and the Arizona Attorney General’s Office supports the proposed amendment.
    State Bar of Arizona
    Basic Member
    Posts:164 Basic Member

    01 May 2024 07:20 PM
    Comment of the State Bar of Arizona

    Lisa M. Panahi
    Bar No. 023421
    General Counsel
    State Bar of Arizona
    4201 N. 24th St., Suite 100
    Phoenix, AZ 85016
    [email protected]
    Topic is locked