Amended on 01/24/2020.
Holding part of A.R.S. § 13-106(A), which requires an appellate court to dismiss a pending appeal when a convicted defendant dies, unconstitutional as beyond the legislature’s authority to enact. Upholding the constitutionality of A.R.S. § 13-106(B), which prohibits abatement of a defendant’s conviction and sentence when the defendant dies pending appeal or post-conviction relief proceedings.
Amended on 01/24/2020
Amended per ASC Order filed February 21, 2020
PLEASE NOTE: On February 21, 2020 an Order was filed amending the following: On page 9, paragraph 26:
We vacate the court of appeals’ opinion, except paragraph 57-60, and affirm the family court’s order directing donation of the embryos.
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