Mark Elliott Stuart v. Douglas Gerlach, Judge, Superior Court of Arizona, Maricopa County, et al.

1 In Wright v. Georgia, 373 U.S. 284, 292 (1963), and a string of cases thereafter, this Court explained that “Obviously, however, one cannot be punished for failing to obey the command of an officer if that command is itself violative of the Constitution.” This case presents the question of whether the holding in Wright applies when the admitted purpose of the police orders is to suppress the peaceful and lawful exercise of free speech in a public meeting. QUESTIONS PRESENTED

1. Whether the State can seek to punish and prosecute an individual for refusing to obey an unconstitutional order from a public official and a police officer, or for peacefully and lawfully exercising constitutional and statutory rights?

2. Whether the State violates a defendant’s Sixth Amendment Speedy Trial rights by deliberately taking actions seeking to hinder the defense and deprive a defendant of his right to a fair trial, which severely prejudiced the defense and caused more than thirty months of delays in a non-violent misdemeanor prosecution?