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Keith Michael Connole v. David W. Garbarino, Judge, Superior Court of Arizona, Maricopa County, et al.

Paid petition · Court of Appeals of Arizona, Division One, No. 1 CA-SA 22-0207 · judgment November 22, 2022


Certiorari denied · December 11, 2023
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether a trial court must interpret Arizona Revised Statutes Title 13, Section 4240, to maximize a defendant’s due process rights to access evidence in the government’s possession (the CODIS database) by permitting a search of the database when the defendant has made a showing of even a reasonable possibility of partial exoneration?

Counsel of record

For petitioner
Kevin Richard Myer
MICHAEL P. DENEA LAW, P.L.C.

For respondent

Case

Conference history
Distributed for 2 conferences

Linked docket
23A20

Proceedings

  1. Dec 11 2023
    Petition DENIED.
  2. Dec 01 2023
    Rescheduled.
  3. Dec 01 2023
    DISTRIBUTED for Conference of 12/8/2023.
  4. Nov 14 2023
    DISTRIBUTED for Conference of 12/1/2023.
  5. Sep 21 2023
    Petition for a writ of certiorari filed. (Response due October 27, 2023)
  6. Jul 10 2023
    Application (23A20) granted by Justice Kagan extending the time to file until September 21, 2023.
  7. Jul 06 2023
    Application (23A20) to extend the time to file a petition for a writ of certiorari from July 23, 2023 to September 21, 2023, submitted to Justice Kagan.