Carter v. State ex rel. Eyman
Cited by
- Nunez v. Flores Ariz. Ct. App. 2026
- Morgal v. Stobbs Ariz. Ct. App. 2026
- Gharadaghian v. Olives Ariz. Ct. App. 2026
- Clay v. Geiser Ariz. Ct. App. 2025
- State ex rel. Flickinger v. Harris 464 P.2d 808 Ariz. Ct. App. 1970
- Hall v. State ex rel. Eyman 431 P.2d 699 Ariz. Ct. App. 1967
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Superior Court 385 P.2d 707
- State v. Carter 399 P.2d 191
- State v. Superior Court of Pinal County 197 P. 537
Opinion text
PER CURIAM. This is an appeal from an order of superior court, Pinal county, denying appellant’s petition for a writ of habeas corpus. Appellant’s opening brief was filed in this court February 9, 1967. Appellee having failed to file an answering brief within the prescribed period or request an extension of time therefor, this court, on its own motion, orders the appeal submitted for decision. Rule 7(a) (2), Rules of the Supreme Court, 17 A.R.S. However, the failure to file an answering brief does not constitute a confession of reversible error since no debatable issue is presented. The allegations of the petition for the writ of habeas corpus concerned purported errors in the conduct of appellant’s trial on charges of burglary and grand theft. Appellant’s conviction was affirmed on appeal. See State v. Carter, 1 Ariz.App. 57 , 399 P.2d 191 (1965). The trial court therefore quite properly denied the petition as it was without jurisdiction to review the judgment of this court in habeas corpus proceedings. 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). Order affirmed.