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Justia Daily Opinion Summaries

Arizona Supreme Court
August 13, 2020

Table of Contents

State v. Robertson

Criminal Law

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#MeToo and What Men and Women Are Willing to Say and Do

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Cornell Law professor Sherry F. Colb explores why people have such strong feelings about the #MeToo movement (whether they are advocates or opponents) and suggests that both sides rest their positions on contested empirical assumptions about the behavior of men and women. Colb argues that what we believe to be true of men and women generally contributes to our conclusions about the #MeToo movement and our perceptions about how best to handle the accusations of those who come forward.

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Arizona Supreme Court Opinions

State v. Robertson

Docket: CR-19-0175-PR

Opinion Date: August 12, 2020

Judge: Lopez

Areas of Law: Criminal Law

The Supreme Court vacated the decision of the court of appeals affirming Defendant's probation revocation and sentence on the basis that Defendant was precluded from challenging her sentence on appeal because she had invited any potential error, holding that an appellate court may not apply the invited error doctrine to preclude review of an illegal, stipulated sentence in a plea agreement. Pursuant to a plea agreement, Defendant pleaded guilty to manslaughter and reckless child abuse. Consistent with the agreement, the trial court sentenced Defendant to ten years' imprisonment for the manslaughter and a consecutive term of lifetime probation for child abuse. After Defendant violated her probation, Defendant argued that her convictions for manslaughter and child abuse comprised a single criminal act against a single victim, and therefore, the stipulated consecutive sentences in her plea agreement resulted in an illegal double punishment. The trial court disagreed and revoked Defendant's probation. The court of appeals affirmed, finding that Defendant was precluded from challenging her sentence on appeal because she had invited any potential error by stipulating to consecutive sentences in her plea agreement. The Supreme Court vacated the court's opinion, holding that the court of appeals erred in applying the invited error doctrine to preclude Defendant from challenging the error on appeal.

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