Saturday, June 5, 2021

BREAKING*: Arizona Supreme Court DISMISSES "Quo Warranto" Action Against Secy/State Katie Hobbs; "We the People" leader had demanded answers about fraud in elections, etc.

(Updated 6/8/21, 12pm)
BREAKING*: Arizona Supreme Court DISMISSES "Quo Warranto" Action Against 
@SecretaryHobbs; "We the People" leader had demanded answers about fraud in elections, etc.

As expected, the Arizona Supreme Court has quickly dismissed the Quo Warranto action filed by Daniel Wood this past Friday. Justice James Beene signed the Order today in his capacity as the "Duty Justice", although it is unlikely any of the other six Justices would have dissented.

The one-page dismissal notes that Wood gave no indication that he had asked Attorney General Mark Brnovich to bring the action and that the AG had refused. (In fact, as noted below, Wood indicated in his livestream that he had simply delivered a courtesy copy to Brnovich's office.) Therefore, he did not comply with the legal prerequisites to filing the action on his own.

Here is the dismissal Order. For more details about the lawsuit, see the original article below. 


6/5/21: "We the People" Group Leader Heads Back To AZ Supreme Court, While Accusing Justices - And Hobbs - Of Treason and Sedition For Not Acting On "Fraud" In November Elections

Hard on the heels of last month's hasty dismissal - and unmasking - a leader of the "We the People" group headed back to the Arizona Supreme Court yesterday to demand answers from Arizona Secretary of State Katie Hobbs about last November's elections. Later in the day, the Congressional candidate declared this to be "war" and accused the Supreme Court Justices of implicating themselves in the crimes of "maladministration, treason and sedition".

The Justices unanimously dismissed the then-anonymous petitioners' action to declare Arizona elections in 2018 and 2020 to be invalid and temporarily install them in 20 (city/county/state) government offices. The Justices then denied the group's request to stay anonymous.

Daniel Wood was not one of the petitioners in that case, but was publicly behind the filing. Yesterday, he filed a new quo warranto action with the state's Supreme Court, in an effort to force Hobbs to explain her authority to make several decisions surrounding the November elections.

Wood charges that Hobbs had a duty to ask the Legislature to decide who the Presidential electors should be, and that she should not have certified the election. He also re-raises the certifications of election machines and asks why Hobbs did not immediately appeal the October court decision extending the voter registration deadline.


Arizona law gives the Attorney General the sole authority* to file a quo warranto action challenging a public official if they are believed to be unlawfully holding or exercising their office. (The most recent time such an action was filed by the AG was in 2005 when (late) David Burnell Smith was removed from the State Legislature.)

In a Facebook livestream later Friday, Wood read his new action and vowed to supporters that he would keep fighting, declaring this to be "war". He stated that the "judge" (Justices) had implicated themselves in dismissing last month's action. "He (they) didn't even look at the evidence. That's something serious to take into consideration....Now, the (justices) have implicated (themselves) in a crime....Now (they) have evidence of fraud in our election process and (they) did not look at it."

In explaining why you do not give up after last month's dismissal, Wood makes the aim clear: "We're dealing with a lot of corruption, folks....It is our duty to overthrow such government that is outside of their...oath of office."

He demands answers from Hobbs within five days. It is likely that the Supreme Court will take some steps to deal with the case within that same time period.

* If AG refuses, then the person who is being usurped can ask the court for permission to file. Wood says he gave AG Brnovich a courtesy copy yesterday.

 "AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

AZ Law airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here. 

 Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcast.

Friday, June 4, 2021

NEW: Tucson Cop Killer Loses Another Supreme Court Appeal, Death Sentence Still In Place (READ Opinion)

 For the third time, the Arizona Supreme Court today rejected an appeal from John Montenegro Cruz. Cruz has been on Arizona's death row since his 2005 sentencing for killing Tucson Police Officer Patrick Hardesty in 2003. 

Today's unanimous decision (below) rejects a claim focused on a 2016 U.S. Supreme Court decision (Lynch v Arizona) finding that Arizona had misapplied a previous case and deprived a capital defendant of his rights*. Writing for the Court, Justice Bill Montgomery noted that the earlier Supreme Court opinion (Simmons) HAD been known and considered in Hardesty's initial trial and appeal, and that the Lynch II opinion thus was not a significant change in the law. Therefore, it is not an appropriate basis for a new appeal.

"Thus, the law relied upon by the Supreme Court in Lynch II—Simmons—was clearly established at the time of Cruz’s trial, sentencing, and direct appeal, despite the misapplication of that law by Arizona courts. Consequently, Lynch II does not represent a significant change in the law for purposes of Rule 32.1(g)."

The opinion also notes that Cruz has not yet exhausted exercising his legal options. In addition to the likely appeal to the U.S. Supreme Court of today's decision, he currently has habeas proceedings in federal court.

 "AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

AZ Law airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcast.



Thursday, June 3, 2021

UPDATE: Judge Finds MCSO Responses "Unpersuasive", Will Move Forward With Contempt Hearing In Long-Running Discriminatory Policing Suit

 A 2nd Maricopa County Sheriff will "absolutely" face contempt hearings in the long-running discriminatory policing case, U.S. District Court Judge G. Murray Snow declared this morning after a 80-minute hearing in the Melendres case.

Sheriff Paul Penzone will likely be on the hot seat in August, although Snow gave his attorney a week to confer with the other parties and see if they can agree on limiting the scope of the hearing. The Sheriff could concede the substantive part of the claims from the ACLU and the USDOJ about the department taking way too long to conduct internal investigations, and focus on the methodologies for improving the system. (Two to three months is required, but the MCSO is averaging 550 days.)

Judge Snow told counsel that he found the MCSO's defenses "unpersuasive", which helped prompt attorney Mary O'Grady's request for the week. One attorney opposed the meet and confer week, but Judge Snow rejected that.

Much of the hearing had focused on the discovery that the plaintiffs would be permitted to take of the MCSO's experts before the OSC hearing.

This case was filed in 2007 by the ACLU (as Melendrez v MCSO/Arpaio), focusing on Sheriff's deputies targeting Hispanic drivers. There has been a long-running court-appointed Monitor involved in overseeing County efforts to remedy such issues. 

The case drew the most national attention when former Sheriff Joe Arpaio was found in contempt of court for disregarding Court orders in the case. That resulted in former President Donald Trump offering Arpaio his first Presidential pardon in 2017.

The next few months should determine whether a second successive Sheriff is subject to a contempt finding. (Penzone defeated Arpaio in 2016 and was the only countywide Democrat to win (re)election last year.)

 "AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

AZ Law airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcast.

Tuesday, June 1, 2021

NEW, LISTEN: AZ Law Conversation With Mike Bailey - U.S. Attorney for Arizona (2019-2021)

In today's BONUS installment of "AZ Law", we bring you our recent conversation with Mike Bailey, the most recent U.S. Attorney for the District of Arizona. Bailey served during the later part of the Trump Administration and resigned shortly after the Biden Administration took the reins. (That is SOP.)

We had a wide-ranging talk about his tenure in that important office, focusing on border-related enforcement issues, last year's election and other topics. We also touched on the current interim U.S. Attorney and Bailey's plans for the future.

"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc.

AZ Law also airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here.

 "AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

AZ Law airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcast.

BREAKING*: Arizona Supreme Court DISMISSES "Quo Warranto" Action Against Secy/State Katie Hobbs; "We the People" leader had demanded answers about fraud in elections, etc.

(Updated 6/8/21, 12pm) BREAKING*: Arizona Supreme Court DISMISSES "Quo Warranto" Action Against  @SecretaryHobbs; "We the Peo...