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Carter v. State ex rel. Eyman

Citations: 5 Ariz. App. 415; 427 P.2d 549; 1967 Ariz. App. LEXIS 450Docket: 2 CA-CIV 361

Court: Court of Appeals of Arizona; May 16, 1967; Arizona; State Appellate Court

Narrative Opinion Summary

The case involves an appeal concerning the denial of a petition for a writ of habeas corpus by the superior court in Pinal County. The appellant filed their opening brief, but the appellee failed to respond, leading the court to proceed without their input. The appellant's petition alleged errors in their burglary and grand theft trial, convictions previously upheld on appeal. The court, however, reaffirmed the trial court's decision to deny the petition, citing a lack of jurisdiction to review the appellate court's prior judgment in habeas corpus matters. This decision was supported by precedents such as State ex rel. Ronan v. Superior Court and State ex rel. Galbraith v. Superior Court. Consequently, the order denying the petition was affirmed, with the court finding no substantial issue warranting reversal despite the appellee's lack of response.

Legal Issues Addressed

Effect of Appellee’s Failure to File a Brief

Application: The absence of a responding brief from the appellee does not imply acknowledgment of reversible error since no substantial issue was raised.

Reasoning: However, the absence of a responding brief does not imply acknowledgment of reversible error since no substantial issue was raised.

Jurisdiction in Habeas Corpus Proceedings

Application: The trial court was deemed proper in denying the petition as it lacked jurisdiction to reevaluate the appellate court's judgment in habeas corpus cases.

Reasoning: The trial court was deemed proper in denying the petition as it lacked jurisdiction to reevaluate the appellate court's judgment in habeas corpus cases, supported by precedents (State ex rel. Ronan v. Superior Court, 94 Ariz. 414, 385 P.2d 707 (1963); State ex rel. Galbraith v. Superior Court, 22 Ariz. 452, 197 P. 537 (1921)).