Latest Case: State v. Reed (Criminal Law)

The Law Will Not Save Us

JOSEPH MARGULIES

Cornell law professor Joseph Margulies reminds us that the rule of law exists in the United States primarily to conceal politics; that is, one cannot rely on having “the law” on one’s side if politics are opposed. Margulies illustrates this point by replacing “the lawyers reviewed the law and decided” with “the high priests studied the entrails and decided”—a substitution that ultimately yields the same results.

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State v. Reed

Docket: CR-19-0059-PR

Opinion Date: January 24, 2020

Judge: Ann Timmer

Areas of Law: Criminal Law, Trusts & Estates

The Supreme Court vacated the opinion of the court of appeals dismissing Richard Allen Reed's appeal from a criminal restitution order, holding that the legislature lacked authority to require the court to dismiss a pending appeal upon a convicted defendant's death but possessed authority to prohibit abatement of the defendant's conviction and sentence. Reed was convicted of voyeurism and required to pay $17,949.50 as restitution to the victim. Reed appealed, challenging the restitution amount. Reed appealed, but pending a decision, Reed died. Reed's wife moved to intervene or substitute as a party in the appeal. The court of appeals denied the motion because the wife did not cite authority permitting intervention or substitution in a criminal case. The court then dismissed the appeal pursuant to Ariz. Rev. Stat. 13-106(A). The Supreme Court vacated the court of appeals' opinion and remanded the case to the court of appeals, holding (1) the legislature lacked authority to require the court to dismiss a pending appeal upon a convicted defendant's death under section 13-106(A); but (2) the legislature possessed authority to prohibit abatement of that defendant's conviction and sentence under section 13-106(B).