Tuesday, April 9, 2024

UPDATE: Appeals Court DENIES Hamadeh's 2022 Election Contest Appeal (READ Opinion)

The Arizona Court of Appeals today DENIED Abe Hamadeh's Election Contest appeal. In a 2-1 decision, the judges found that the Mohave County Superior Court did not err in his (delayed) rulings.

They also criticized Hamadeh for not speedily pushing the case:
"A virtual firestorm of challenges followed the 2022 general election. Those flames have subsided. The winners were announced and took their oaths of office more than 15 months ago. This case, one of the last embers still glowing, does not burn hot enough to warrant relief.
Despite the urgency inherent in resolving issues affecting the validity of an election, Abraham Hamadeh1 chose a slow road, allowing the remaining embers to cool. Rather than seeking special action review of pretrial rulings, Hamadeh waited until after the trial to file an appeal focusing on his asserted need for accelerated discovery and a trial continuance."

Hamadeh blasted the decision, pointing out that his legal team had filed a Special Action. However, the Special Action referenced in today's opinion would have been on the pretrial rulings, whereas Hamadeh had filed his petition to try to speed the trial court judge up in issuing a final decision.

Hamadeh promised to keep fighting, but did not specifically indicate whether he would appeal this decision. (He is about to get sanctioned in a separate case that he had filed, and that could then be appealed, as well.)

 "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. 


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

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