STATE v. MITCHAM

No. CR-23-0236-PR.

559 P.3d 1099 (2024)

STATE of Arizona, Appellant, v. Ian MITCHAM, Appellee.

Supreme Court of Arizona.

Filed December 17, 2024.


Attorney(s) appearing for the Case

Rachel H. Mitchell, Maricopa County Attorney, Nick Klingerman (argued), Special Deputy County Attorney, Ryan Green, Deputy County Attorney, Maricopa County Attorney's Office, Phoenix, Attorneys for State of Arizona.

Gary Kula, Maricopa County Public Defender, Mikel Steinfeld (argued), Martha Barco Penunuri, Jeffrey A. Kirchler, Richard D. Randall, Deputy Public Defenders, Phoenix, Attorneys for Ian Mitcham.

David J. Euchner (argued), Pima County Public Defender's Office, Grant D. Wille, Ralls, Wille, & Coomer, P.C., Tucson, Attorneys for Amicus Curiae Arizona Attorneys for Criminal Justice.

Kristin K. Mayes, Arizona Attorney General, Alice M. Jones, Deputy Solicitor General/Section Chief of Criminal Appeals, Michael O'Toole, Assistant Attorney General, Phoenix, Attorneys for Amicus Curiae Arizona Attorney General.

Jared G. Keenan, Lauren K. Beall, American Civil Liberties Union Foundation of Arizona; Vera Eidelman, American Civil Liberties Union Foundation, New York, NY, Attorneys for Amici Curiae American Civil Liberties Union of Arizona and American Civil Liberties Union.

CHIEF JUSTICE TIMMER authored the Opinion of the Court, in which VICE CHIEF JUSTICE LOPEZ, JUSTICES BOLICK, BEENE, KING, BRUTINEL (RETIRED), and JUDGE SKLAR joined.


¶1 After police arrested Ian Mitcham for driving under the influence of alcohol ("DUI"), he consented to a blood test to determine alcohol concentration or drug content. Years later, police suspected Mitcham of committing a murder, and they still had Mitcham's blood from the DUI arrest. Without obtaining...

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